CONTRACTS,  SPECIFICATIONS 

AND 
ENGINEERING  RELATIONS 


BY 

DANIEL  W.  MEAD 

Consulting  Engineer 

Professor  of  Hydraulic  and  Sanitary  Engineering 
University  of  Wisconsin 

Member  American  Society  of  Civil  Engineers 
Fellow  American  Institute  of  Electrical  Engineers 
Member  American  Institute  of  Consulting  Engineers 
Member  American  Society  of  Mechanical  Engineers 

WITH  CHAPTER  ON  CONTRACTS 

BY 

FRANK  JENKS 
Member  of  the  Wisconsin  Bar 


SECOND  EDITION 


NEW  YORK 

McGRAW  HILL  BOOK  Co. 
1920 


1  .ibrary 


COPYRIGHTED  1916—1920' 

BY 

DANIEL  W.  MEAD 


SUED     PRINTING     COMPANY,     MADISON,     Wis. 


PREFACE  TO  FIRST  EDITION 

In  the  following  pages  the  author  has  discussed  some  of  the  im- 
portant relations  of  the  engineer  and  architect  in  practical  life,  with 
which  it  seems  essential  that  the  technical  man  should  become  familiar 
before  entering  professional  practice.  Legal  and  contractual  relations 
are  but  briefly  discussed,  as  these  subjects  are  fully  treated  in  many  val- 
uable works  to  which  it  is  intended  that  these  notes  shall  serve  simply 
as  an  introduction.  The  principles  of  personal  and  ethical  relations, 
while  discussed  in  somewhat  greater  detail,  are  but  inadequately  treated 
on  account  of  the  lack  of  space.  The  preparation  of  specifications  is 
discussed  in  greater  detail  as  less  published  matter  is  available  on  this 
subject. 

The  young  man  who  enters  any  vocation  comes  in  contact  with  and 
is  sometimes  employed  by  men  who  disregard  professional  and  business 
ethics  and  do  many  things  which,  while  perhaps  in  entire  conformity 
with  law,  are  far  from  the  ideals  of  ethical  conduct.  If  a  young  man 
has  given  no  thought  to  moral  and  ethical  principles,  he  is  apt  to  assume 
that  such  principles  are  cant  and  that  unethical  methods  and  actions  are 
common  to  all  those  in  business  and  professional  life  and  are  therefore 
essential  to  his  personal  success.  He  should  therefore  be  advised  and 
assured  of  the  facts  in  the  case :  that  the  best  and  most  successful  men 
in  every  business  and  profession  are  those  men  of  high  ideals  whose 
honesty  and  integrity  are  unquestioned  and  whose  character  and  repu- 
tation are  regarded  as  the  greatest  and  most  valuable  of  their  posses- 
sions. 

The  author  has  uniformly  advocated  the  "square  deal"  in  the  re- 
lations of  the  engineer  and  architect  with  the  contractor  and  with  all 
others  with  whom  they  may  have  relations.  He  believes  that  honesty, 
integrity,  and  fairness  accord  the  best  possible  basis  for  practical,  pro- 
fessional and  business  life  and  are  not  simply  principles  to  be  acknowl- 
edged and  ignored.  He  believes  that  the  appreciation  of  these  prin- 
ciples will  lead  to  the  highest  type  of  work,  the  most  economical  con- 
struction, and  the  greatest  professional  satisfaction. 

In  the  study  of  specifications,  little  advance  can  be  made  by  an  at- 
tempt to  prepare  at  once  an  elaborate  specification  for  a  complicated 
engineering  structure  of  which  the  student  knows  nothing.  In  such  a 
case,  all  that  can  be  expected  is  the  copying,  with  perhaps  some  small 
changes,  of  similar  specifications  prepared  for  some  proposed  or  com- 
pleted work,  and  such  practice  will  be  of  little  value. 

789533 


iv  Preface 

In  the  teaching  or  study  of  any  subject,  success  comes  through  the 
ability  of  the  teacher  or  student  to  simplify  the  subject  so  that  its  basic 
principles  may  be  easily  comprehended ;  the  greatest  difficulties  follow 
an  attempt  to  attack  the  subject  in  a  too  complicated  manner. 

The  principles  and  elements  of  specification  writing  should  be  ac- 
quired through  the  actual  preparation  of  specifications  for  simple  ma- 
terials or  elements  and  for  simple  processes  or  structures.  All  work 
should  be  simplified  as  much  as  possible ;  it  must  be  so  defined  and  illus- 
trated that  the  problems  involved  will  be  clearly  comprehended ;  it  must 
be  analyzed  in  detail  so  that  every  phase  and  item  shall  be  seen  and 
appreciated.  If  this  can  be  successfully  accomplished  with  simple  ele- 
ments of  material  or  construction,  it  can  then  be  applied  to  more  com- 
plex subjects,  which  are  simply  a  combination  of  such  elements. 

In  the  preparation  of  specifications  there  is  no  more  important 
matter  than  the  use  of  good  English.  A  correct  thought  improperly 
expressed  is  often  as  misleading  as  though  the  idea  itself  were  in  error. 
A  clear  description  of  simple  subjects  should  therefore  be  the  object  of 
preliminary  practice.  In  many  cases  all  the  specifications  essential  are 
included  in  a  letter,  and  many  contracts  are  actually  consummated  by 
an  offer  transmitted  by  letter  and  by  a  letter  of  acceptance. 

By  practice  along  the  lines  indicated,  the  young  engineer  will  at 
least  acquire  an  intelligent  method  of  procedure,  and  if  the  method  is 
understood,  the  professional  application  may  be  safely  left  to  individual 
initiative. 

The  analytical  system  suggested  for  the  preparation  of  specifica- 
tions has  been  used  by  the  author  for  nearly  thirty  years,  and  is  believed 
to  afford  a  safe  ana  logical  method  for  the  preparation  ot  these  papers. 

This  book  was  hrst  issued  in  the  spring  of  1916  for  the  author's 
class  and  for  private  circulation.  Of  those  to  whom  copies  were  sent, 
constructive  criticism  was  requested.  A  number  of  valuable  sugges- 
tions were  received,  and  the  book  has  been  rearranged,  revised  and  en- 
larged in  this  first  edition.  The  author  is  aware  that  there  are  still 
numerous  changes  and  additions  that  can  be  made  to  advantage,  and 
hopes  to  make  material  betterments  in  future  editions.  He  will  be  glad 
to  receive  lurther  constructive  criticism  and  suggestions  from  engi- 
neers, architects,  contractors,  teachers  or  others  interested  in  the  sub- 
ject. 

Acknowledgments 

The  author  desires  to  acknowledge  his  indebtedness  to  the  techni- 
cal press  and  to  the  many  valuable  technical  books  and  articles  that  have 
appeared  on  the  various  subjects  discussed.  To  these  he  undoubtedly 


Preface  v 

owes  many  of  the  ideas  expressed  in  this  book.  These  ideas  have  how- 
ever been  substantiated  by  an  active  personal  contact  with  professional 
and  uiisiness  life.  It  has  been  his  aim  to  credit  the  source  of  informa- 
tion whenever  such  source  could  be  distinguished,  for  he  claims  little 
new  or  original  except  as  to  treatment  and  arrangement. 

The  thanks  of  the  author  are  especially  due  to  Mr.  L.  R.  Balch  for 
many  suggestions,  for  aid  in  the  preparation  and  proof  reading  of  the 
text,  and  for  supervision  of  its  publication.  Especial  acknowledgment 
for  valuab1e  advice  fs  also  due  to  Dean  F.  E.  Turneaure  and  C.  V.  Sea- 
stone.  Numerous  others  have  made  valuable  suggestions  which  have 
been  utilized  so  far  as  practicable ;  among  these  should  be  mentioned 
Messrs.  Charles  H.  Paul,  E.  K.  Shnable,  H.  S.  R.  McCurdy,  H.  L.  Gar 
tier,  F.  W.  Scheidenhelm  and  Professor  C.  I.  Corp. 

Madison,  Wis.,  Sept.,  1916.  D.  W.  M. 


PREFACE  TO  SECOND  EDITION 

In  the  first  edition  of  this  book,  Chapter  IX  on  Contracts  was 
purposely  greatly  abbreviated  on  account  of  the  many  excellent 
works  available  on  this  subject,  some  of  which  should  be  in  the 
library  of  every  engineer.  In  its  use  as  a  text  book,  it  has  been 
found  by  the  writer  and  other  instructors  to  be  inexpedient  to  refer 
the  student  to  other  works  except  in  special  cases.  It  therefore 
seems  desirable  to  expand  the  subject  considerably  and  to  treat 
more  in  detail  the  various  features  of  this  important  subject.  The 
chapter  on  Contracts  has  therefore  been  entirely  rewritten,  enlarged 
and  expanded  by  Mr.  Frank  Jenks  of  the  Wisconsin  Bar. 

In  Chapter  II,  an  inventory  of  personal  characteristics,  modi- 
fied from  an  outline  prepared  by  Dean  A.  A.  Potter  of  Purdue 
University,  has  been  added  as  a  basis  for  character  study.  A  sec- 
tion on  financial  success  has  also  been  added,  showing  the  improvi- 
dence of  the  average  man,  the  consequent  necessity  for  the  early 
formation  of  habits  of  economy,  and  the  fundamental  basis  of  safe 
investments.  The  important  relations  of  engineering  to  business 
and  finance  are  also  briefly  discussed.  Numerous  other  additions 
and  corrections  have  been  made  throughout  the  text. 

The  very  kind  reception  of  the  first  edition  is  greatly  appre- 
ciated by  the  Author  who  hopes  that  this  second  edition  will  be 
found  even  more  useful. 

Madison,  Wis.,  Sept.,  1920.  D.  W.  M. 


CONTENTS 

CHAPTER  I 
THE  ENGINEER  AND  His  EDUCATION 

The  Function  of  the  Engineer — Engineering  Relations — Engineering 
Education — The  Technical  and  Scientific  Preparation — Knowledge 
of  English — Legal  Relation — Ethical  and  Personal  Relation — Liter- 
ature    1 

CHAPTER  II 

SUCCESS  IN  THE  ENGINEERING  PROFESSION 

Personal  Success — Factors  of  Success  must  be  Recognized — Opinr^li  of 
the  Engineering  Profession — Judgment — Self  Knowledge  t  fhe 
Understanding  of  Men — Physical  Characteristics — Natural-  Apti- 
tude— Mental  Characteristics — Ethical  and  Moral  Characteris- 
tics— Social  Characteristics — Education  and  Scholarship — Habits 
and  Association — Personality — Personal  Appearance — (Punctual- 
ity— Attention  to  Business — Concentration — .Collaboration — Per- 
sonal Bias — Bias  of  Special  Knowledge — Bias  of  Personal  Expe- 
rience— Bias  of  Local  Experience — Bias  of  Personal  Interest — 
Bias  of  Association — Financial  Success — The  Accumulation  of 
Savings — Principles  of  Investment — Business,  Finance  and  Engi- 
neering— Professional  Improvement — Literature  16 

CHAPTER  III 
THE  ENGINEER  AT  WORK 

'Purposes  and  Results  of  Technical  Training — The  Man  and  the  Job — 
Influence — The  First  Job — Improving  Opportunities — Selecting  Em- 
ployment— Salary — Change  vs.  Continuity  of  Service — The  Relative 
Values  of  Various  Classes  of  Employment — Private  Practice — Duties 
to  Subordinates— Duties  to  Clients— Consultation — Duties  to  the 
Profession — The  Engineer  in  Business — The  Engineer  as  a  Citizen — 
Conduct  of  Professional  Practice — Literature 43 

CHAPTER  IV 

PERSONAL  AND  ETHICAL  RELATIONS 

Limitations  of  Positive  Law — Ethics — Formation  of-Individual  Opinions 
— Specifications  for  a  Man — Codes  of  Ethics — The  Canons  of  Ethics 
of  the  American  Institute  of  Architects — Code  of  .Professional  Ethics 
of  the  American  Institute  of  Consulting  Engineers — Code  of  Princi- 
ples of  Professional  Conduct  of  the  American  Institute  of  Electrical 
Engineers — Code  of  Ethics  Suggested  for  the  American  Institute  of 
Chemical  Engineers — Code  of  Ethics  Adopted  by  the  American  So- 
ciety of  Civil  Engineers — Questions  in  Ethics — Literature 63 


viii  Contents 


CHAPTER  V 
THE  USE  OF  ENGLISH 

The  Importance  of  English — Engineering  English — The  Hearer  or 
Reader — Knowledge  of  the  Subject — Logical  Arrangement — The  Out- 
line— Style— The  Choice  of  Words— The  Precise  Use  of  Words- 
Punctuation  and  Arrangement  of  Words  in  a  Sentence — The  Vocab- 
ulary— Literature 81 

CHAPTER  VI 
LETTERS  AND  REPORTS 

Importance  of  Properly  Written  Letters — Business  Letters — Suggestions 
Concerning  Letters  of  Application  for  Employment — Important  Sug- 
gestions— Employers  viewpoint — Examples  of  Letters  of  Applica- 
tion for  Positions — Technical  Reports — Importance  of  Good  Reports 
— The  Purpose  of  Reports — -Preliminary  Consideration — Ethical  Con- 
sideration— Investigation  and  Estimates — Element  of  Successful  Re- 
ports— Literature  99 

CHAPTER  VII 
ORIGIN,  NATURE  AND  DEVELOPMENT  OF  LAW 

Origin  of  the  Present  Civilization — Law  an  Evolution — Development  of 
Human  Laws — Municipal  Law — Unwritten  Law — Development  of 
Common  Law  by  Judicial  Decisions — Courts  of  Common  Law — Sub- 
divisions of  the  Common  Law — Courts  of  Equity — Fundamental 
Laws — Development  of  Special  Laws — Outline  of  Laws  and  Legal 
Relations — General  Classification  of  Law — Definitions  of  Law — 
Sources  of  Municipal  Law — Definitions  Concerning  Municipal  Law — 
Classification  and  Relation  of  Positive  Law — Enforcement  of  Law — 
Literature  112 

CHAPTER  VIII 
SOME  LEGAL  RELATIONS  OF  TECHNICAL  MEN — LEGAL  RIGHTS  AND  RESPONSIBILITIES 

Employment  in  General — Discharge — Professional  Employment — The 
Engineer  as  an  Agent — The  Engineer  as  Arbiter — Ownership  of 
Plans,  Designs  and  Inventions — The  Engineer  in  Legal  Proceedings 
— Necessity  of  Expert  Service — Consultation — Preparation  of  the 
Case — Examination  of  Technical  Witnesses — The  Expert  Witness — 
Qualifications — Expert  Evidence — Desirable  Reform  of  Procedure — 
Appraisal  of  Public  Utilities — Professional  Duty — Literature ....  126 

CHAPTER  IX 

ELEMENTS  OF  CONTRACTS 

Explanation  and  Definition  of  Contracts — Classification  of  Contracts — 
Essentials  of  a  Modern  Contract — Competency  of  Contracting 


Contents  ix 

Parties — Mutual  Consent — There  must  be  Lawful  and  Sufficient 
Valuable  Consideration — Subject  Matter  of  Contract  must  be 
Lawful — Statute  of  Fraud — Interpretation  of  Contract — Penal- 
ties and  Liquidated  Damages — Discharge  of  Contracts — Literature  145 

CHAiPTER  X 
DAY  LABOR  AND  CONTRACT  SYSTEMS  OF  CONSTRUCTION 

Business  Methods — Uncertainties  in  the  Cost  of  Work — Force  Account 

Construction — Contracts  at  a  Fixed  Price — Excessive  Waste  in  Gom 


petitive  Bidding — Contracts  for  Cost  Plus  a  Percentage — Contracts 
for  Cost  Plus  a  Fixed  Sum — Contracts  for  Cost  Plus  a  Variable 
Premium — Literature  167 

CHAPTER  XI 

ENGINEERING  AND  ARCHITECTURAL  WORKS  CONSTRUCTED  UNDER  CONTRACT 

Public  and  Private  Works — Negotiations  for  Construction  Coj 

Dishonesty  in  Competitive ,  Letting— Restricted  Lettings— Securing 
Low  Bids — Suggestions  of  American  Society  of  Engineering  Con- 
tractors— Further  Suggestions — Rights  of  the  Contractor — The  Ar- 
bitration of  Disputes — Progress  of  Arbitration — Literature 184 

CHAPTER  XII 
ADVERTISING  AND  LETTING  CONTRACT 

Purpose  of  Advertisement — Nature  of  Advertisement— (Analysis  of  Ad- 
vertisement— Formalities — Time  allowed — Form  of  Proposal — In- 
structions to  Bidders — Details  of  Instructions — Receiving  and  Omen- 
ing Bids — Letting  the  work — Literature 204 

CHAPTER  XIII 

CONTRACTS 

Ordinary  Business  Transactions — Necessity  of  Written  Agreements — A 
Contract  made  by  Letter — Contract  Acceptance  by  Letter — A  Formal 
Contract — Written  Executory  Contracts — Form — General  Clauses  f^r 
Agreement  222 

CHAPTER  XIV 
GENERAL  CONDITIONS  OF  THE  CONTRACT 

Outline — Outline  of  General  Conditions— Definitions — Rights  and  Re- 
sponsibilities of  Owner — Authority  of  the  Engineer — Prices  and  Pay- 
ments— Form  of  Bond — Responsibility  of  Contractor  as  Affecting 
Party  of  the  First  Part— Conduct  of  the  Work— Police  and  Sanitary 
Regulations — Literature 236 


Contents 


CHAPTER  xv 

PREPARATION  OF  SPECIFICATIONS 

Importance — Use  of  English — Clearness — Brevity — Indefinite  Specifica- 
tions— Indeterminate  Specifications — Ambiguous  Specifications — Ar- 
bitrary Specifications — Unfair  Specifications — Unnecessary  Severity 
—Specifications  for  Criticism,  Literature 278 

CHAPTER  XVI 
TECHNICAL  SPECIFICATIONS 

Breadth  of  Knowledge  Necessary — Detailed  Information  Meeded — Out- 
line— Use  of  Published  Specifications — Simple  Specifications — De- 
tailed Specifications — Modifications  of  Requirements — Use  of  Stand- 
ard Materials  and  Methods — Influence  of  Specifications  on  Materials 
and  Methods — Responsibility — Definite  Requirements — Standard 
Specifications — Literature  294 

CHAPTER  XVII 
SPECIFICATIONS  FOR  FUNDAMENTAL  MATERIAL  AND  SUPPLIES 

Fundamental  Elements  of  Specifications — Practical  Limitations  of  Speci- 
fications— "To  the  Satisfaction  of  the  Engineer" — Specifications  by 
Name  Only — Unsatisfactory  Detailed  Specifications — Basis  of  Cor- 
rect Specifications — Composition  ur  i-roportions  and  Manipulation 
or  Workmanship — Inspection — Tests — Guarantees — Successful  Use — 
Comparison  with  a  Standard — Investigation  of  Materials — Conclu- 
sions of  Dr.  Dudley — Example  of  Investigation — Outline  of  Specifi- 
cations for  Aluminum  Wire — Specifications  for  Aluminum  Wire — As- 
signment on  Fundamental  Material  and  Supplies 305 

CHAPTER  XVIII 

SPECIFICATIONS    FOR    FUNDAMENTAL    PROCESSES 

Fundamental  Processes— Earthwork  and  Rockwork— Analytical  Division 
of  Earth  and  Rock  Work  Specifications — General  Description — (A) 
.Description  and  (B)  vocation — (C)  Dimensions,  (D)  Form  and 
(E)  Grade — (F)  Divisions — Materials — (A)  General  Character— 
CB)  Classification — (C)  Qualities  of  Material — (D)  Quantities  and 
(E)  Measurements  and  iistimates — (F)  Shrinkage — (G)  Extra  Ex- 
cavation—  (H)  Extra  Material  and  Borrow  Pits — Operations  (A)  to 
(E)  Inclusive,  Beginning  Work,  Etc. —  (F)  Consolidation,  Rolling, 
Tamping,  Etc. — (G),  (H)  and  (I)  Limiting  and  Protecting  Work — 
Obstructions— Improvements  Encountered — (K),  (L),  (M)  and  (N) 
Tamping,  Etc. —  (G),  (H)  and  (I)  Limiting  and  Protecting  Work — 
Pumping  Methods,  Etc.— (O)  Disposal  of  Material  and  (P)  Over- 
head—  (Q),  (R),  (S)  and  (T)  Completion  and  Maintenance — Assign- 
ments on  Specifications  for  Earth  and  Rock  Work — Assignments  of 
other  Fundamental  Processes  .  330 


Contents  xi 

CHAPTER  XIX 
SPECIFICATIONS  FOR  MACHINERY  AND  APPARATUS 

Divisions — General  Specifications — Selections — Detailed  Specifications — 
Design  Specifications — Preparation  of  Specifications  for  Machinery — 
General  Requirements  for  Specifications  for  Steam  Boilers — General 
Requirements  for  Specifications  for  Steam  Engines — General  Require- 
ments for  Specifications  for  Pumps — General  Requirements  for  Speci- 
fications for  Electric  Generator  or  Motor — Assignments  for  Preparing 
Outline  of  General  Requirements  for  Machinery  and  Apparatus — Sub- 
jects for  Outlines  and  Specifications — Preparation  of  Outline  for  More 
Complete  Specifications — Outline  of  Specifications  for  a  Steam  Boiler 
— Outline  Specification  for  Steam  Engines — Outline  of  Specifications 
for  a  Power  Pump — Outline  of  Specifications  for  a  Duplex  Tteain 
Pump— Outline  for  Specifications  for  a  Pumping  Engine — The  Speci- 
fications— General  Specifications  for  Machinery — Specifications  for 
Furnishing  a  Boiler — Specifications  for  Furnishing  a  Steam  En- 
gine— Selection  of  Machinery 357 

CHAPTER  XX 
DESIGN  AND  SPECIFICATIONS  FOR  ENGINEERING  AND  ARCHITECTURAL  WORK 

The  Investigations— Unsatisfactory  Practice — Difficulties — Deep  Wells 
— Investigations  for  Sewers — The  Basis  of  Designs — Design — False 
Economy  in  Design — Estimates — Specifications— Outline — Assign- 
ments for  Preparing  Outlines  and  Specifications  for  Engineering  and 
Architectural  Work — Plans  for  Which  Specifications  May  be  Pre- 
pared    388 

AiPPENDIX  A 
OUTLINE  OF  SPECIFICATIONS  FOR  THE  CONSTRUCTION  OF  A  BUILDING 

Outline  of  Specifications  for  Small  Power  Station — Outline  Specifica- 
tions for  Bridge  Superstructure — Outline  of  Specifications  for  Iron 
Bridges  or  Structural  Work — Outline  Specifications  for  Bridge  or 
Roof  Truss — Outline  of  Specifications  for  Stand  Tower  and  Appur- 
tenances— Outline  of  Specifications  for  Laying  Cast  Iron  Water  Pipe, 
Including  Setting  of  Special  Castings,  Hydrants,  Valves,  Etc.— Out- 
line Specifications  for  Construction  of  Sewers 402 

APPEN.DIX  B 
Sample  Contract  and  Specifications  for  a  Complete  Structure 416 

APPENDIX  C 
Drawings  as  a  Basis  for  Specification  Writing 445 

APPENDIX  D 
Bibliography  of  Specifications  485 


CHAPTER  I 
THE  ENGINEER  AND  HIS  EDUCATION 


§  i.  The  Functions  of  the  Engineer. — The  functions  of  an  engi- 
neer are  those  of  a  designer,  a  supervisor,  a  constructor,  an  operator, 
an  investigator  and  an  adviser.  It  is  his  duty  to  formulate  an  ideal 
and  from  it  to  create  a  reality.  He  must  investigate  conditions  and 
determine  means  by  which  those  conditions  can  be  utilized  or  modified 
to  meet  certain  ends ;  he  must  advise  his  employer  as  to  the  feasibility 
of  the  project  proposed,  the  cost  which  will  be  entailed  and  the  results 
which  will  be  accomplished;  he  must  develop  ideas  and  elaborate 
plans ;  he  must  also  consider  and  prescribe  the  methods  and  manner  of 
construction;  he  must  supervise  or  superintend  the  execution  of  the 
work  and  see  that  it  is  properly  constructed  and  that  the  ideal  is  real- 
ized; and  often,  after  completion,  he  must  see  that  the  works  which 
have  been  created  from  his  p'ans  and  under  his  supervision  properly 
fulfill  the  functions  for  which  they  are  designed. 

The  field  of  engineering  work  includes  all  of  those  branches  of  tech- 
nical service  and  of  business  and  professional  work  which  have  to  do 
with  the  utilization  of  natural  resources  for  human  benefit.  The 
function  of  engineering  service  is  the  adaptation  of  the  laws  and  re- 
sources of  nature  to  utilitarian  purposes.  It  usually  involves  the  prac- 
tical consideration  or  the  active  utilization  of  natural  conditions  and 
natural  resources  through  construction.  It  requires  technical  training 
either  through  practical  experience  and  parallel  study  or  through  study 
followed  by  practical  experience.  Engineering  in  its  broadest  extent 
includes  the  trades,  the  business  and  the  profession.  The  skilled  ar- 
tisan and  mechanic  and  the  skillful  draftsman  are  the  fundamental 
practical  units  of  the  engineering  trade.  The  manufacturer,  the 
builder  and  the  contractor  represent  engineering  business  and  are  the 
active  agents  in  the  realization  of  the  ideals  in  concrete  form  and  fre- 
quently in  the  development  of  these  ideals.  The  designer  and  esti- 
mator, the  inspector  and  superintendent  and  the  assistant  engineer  are 
the  fundamental  units  of  the  engineering  profession  of  which  the  chief 
and  the  consulting  engineers  are  the  culmination.  Architecture  is  the 
application  of  art  to  engineering  construction,  but  it  is  no  less  a  branch 
of  engineering.  Names  and  titles  are  but  words  and  have  but  little 


2  The  Engineer  and  His  Education 

significance  aside  from  the  active  duties  and  responsibilities  which  a 
given  vocation)  position  or  business  involves.  All  of  the  vocations 
mentioned  have  niali?f  festly  innumerable  combinations  in  their  actual 
performance  and: vary  greatly  in  their  relations  one  to  another  and  in 
their  relative  importance.'  'The  young  technical  graduate  may  progress 
through  various  subordinate  positions  to  the  higher  professional  ac- 
tivities as  chief  on  important  engineering  work,  or  he  may  through 
minor  industrial  vocation  attain  important  positions  in  the  industrial 
world.  Every  vocation  when  properly  exercised  is  both  honorable 
and  of  great  importance  to  human  welfare.  Those  vocations  which 
involve  great  responsibility,  important  fiduciary  relations,  great  skill, 
extended  experience,  high  intellectual  development  combined  with 
ability  of  intense  practical  application  and  executive  and  business 
ability  of  a  higher  order,  often  receive  the  greatest  rewards  both  in  pub- 
lic respect  and  in  financial  returns.  The  positions  of  great  responsi- 
bility, however,  usually  involve  so  great  a  degree  of  personal  devotion 
and  the  sacrifice  of  so  many  of  those  personal  pleasures  of  life  that 
demand  a  large  amount  of  time  and  energy  in  their  enjoyment,  that 
there  are  few  who  are  willing  to  pay  the  price  of  the  greatest  profes- 
sional success.  All  engineering  success  is  a  consequence  of  personality, 
native  ability,  opportunity  and  application ;  normally  it  may  be  achieved 
just  to  the  extent  that  the  individual  is  willing  to  pay  the  price  of  in- 
telligent devotion  to  its  atainment. 

§  2.  Engineering  Relations. — In  fulfilling  the  duties  of  his  voca- 
tion, whether  it  be  in  the  trades,  the  business  or  the  profession,  the  en- 
gineer comes  in  contact  with  men  in  almost  every  walk  in  life.  The 
young  engineer  is  first  brought  into  contact  with  his  employer  and  his 
fellows  who  are  similarly  employed.  With  his  advancement  relations 
will  be  established  with  customers  and  clients,  and  the  work  he  is 
called  upon  to  perform  is  likely  to  entail  relations  with  many  others. 
s<-It  may  require  the  employment  and  supervision  of  workmen;  it  is 
likely  to  involve  contact  with  manufacturers  and  contractors ;  it  may 
involve  contact  with  officials  of  private  or  public  corporations,  clients, 
lawyers,  investors,  bankers,  and  a  great  variety  of  other  persons,  hav- 
ing various  interests  more  or  less  antagonistic.  In  his  relations  with 
the  different  men  encountered  in  the  various  lines  of  engineering  work, 
conflicts  of  personal  opinions,  personal  interests  and  personal  rights 
will  arise  which  must  frequently  affect  his  course  of  action.  A  clear 
appreciation  of  the  proper  attitude  he  should  assume  in  these  various 
relations,  and  of  his  proper  personal  and  professional  conduct,  is  of 
great  importance  to  his  growth,  development  and  future  usefulness. 


Engineering  Relations  3 

The  engineer  is  frequently  called  upon  to  assist  in  the  preparation  of 
designs  and  plans  for  various  structures  and  plants  and  must  possess  a 
knowledge  of  principles  of  design,  strength  and  adaptability  of  ma- 
terials and  the  various  demands  for  strength,  capacity  and  service  that 
must  be  fulfilled.  In  many  cases  certain  hazards  and  contingencies 
will  be  involved  in  both  the  construction  and  utilization  of  the  struc- 
ture or  plant.  These  must  be  foreseen  and  considered  in  his  design. 
In  most  cases  the  work,  structure  or  plant  designed  and  constructed 
must  be  used,  maintained  or  operated  by  men  of  certain  capacities  and 
capabilities,  depending  on  its  location  and  the  conditions  of  its  installa- 
tion ;  and  the  human  element  must  therefore  be  duly  considered 
throughout  the  engineer's  entire  work. 

The  engineer  must  frequently  take  part  in  the  preparation  of  esti- 
mates, specifications  and  contracts.  Estimating  requires  a  knowledge 
of  ways  and  means,  an  appreciation  of  the  contingencies  which  may  be 
encountered  and  a  knowledge  of  costs  of  labor  and  material  and  of 
transportation  and  construction  charges.  The  preparation  of  con- 
tracts and  specifications  requires  an  extended  knowledge  and  experi- 
ence ;  they  involve  certain  legal  and  certain  customary  requirements,  a 
knowledge  of  how  work  can  and  should  be  performed,  and  a  sense  of 
fairness  and  equity.  Proper  care  in  the  performance  of  these  duties 
will  largely  obviate  the  chances  for  misunderstandings  and  disputes, 
will  reduce  future  complications  and  render  his  .further  duties  less  dif- 
ficult and  more  satisfactory. 

After  the  design  is  completed,  and  the  plans,  estimates,  specifica- 
tions and  contract  papers  are  prepared,  arrangements  for  the  perform- 
ance of  the  work  of  construction  must  be  made.  This  usually  includes 
the  preparation  of  advertisement,  instructions  to  bidders,  and  forms  of 
proposal.  The  work  must  be  let,  and  if  it  be  public  work  the  adver- 
tisement must  be  placed  and  the  letting  be  conducted  in  conformity 
with  the  laws  and  ordinances  which  prescribe  the  methods  which  must 
be  followed  in  order  to  secure  a  valid  and  binding  contract. 

With  the  consummation  of  the  contract,  the  engineer's  work  is  only 
fairly  begun ;  he  must  inspect,  supervise  or  superintend  the  work ;  he 
must  see  that  its  reasonable  requirements  are  carried  out.  In  the 
supervision  of  work,  the  engineer  becomes  an  arbiter  with  greater  or 
less  power  in  deciding  upon  the  meaning  of  the  plans  and  in  interpret- 
ing the  specifications.  He  must  see  that  justice  is  done  to  both  parties 
to  the  contract.  He  must  be  fair  and  impartial,  and  this  in  the  face  of 
the  fact  that  he  is  to  an  extent  an  interested  party.  He  is  employed  by 


4  The  Engineer  and  His  Education 

his  client  to  supervise  the  work  and  to  see  that  it  is  properly  done,  and 
is  normally  biased  by  his  employment.  There  may  also  be  errors, 
omissions  or  uncertainties  in  the  plans  and  specifications  due  to  his 
own  faults  or  neglect  and  his  decision  may  involve  either  an  admission 
that  his  plans  and  specifications  are  not  wholly  adequate  for  their  pur- 
pose, or  the  infliction  of  unjustified  hardships  and  expense  on  the  con- 
tractor. In  all  such  cases  every  engineer  owes  it  to  himself  and  to  his 
profession  to  see  that  all  work  of  which  he  has  charge  is  performed  in 
a  spirit  of  fairness,  with  malice  toward  none  and  justice  toward  all. 

The  engineer  may  represent  the  other  side  of  the  contract,  that  is 
the  contractor.  He  may  be  the  contractor,  be  employed  to  assist  the 
contractor,  or  to  take  charge  of  the  construction.  Here  he  must  pos- 
sess not  only  technical  knowledge  of  design  but  practical  knowledge  of 
construction  and  construction  methods.  His  knowledge  must  extend 
to  the  principles  of  business  and  business  methods ;  he  should  possess  a 
knowledge  of  men  and  of  the  methods  of  handling  labor ;  and  he  should 
possess  a  knowledge  of  business  and  engineering  law.  He  must  have 
a  good  understanding  of  the  rights  and  privileges  of  both  parties  to  a 
contract,  of  labor  and  of  the  public.  In  this  work  as  in  all  other  lines, 
conscientious  and  intelligent  service  will  bring  the  greatest  ultimate 
reward.  The  great  railway  and  public  service  companies  and  most 
private  individuals  and  corporations  place  their  contracts  for  construc- 
tion with  men  and  firms  known  to  be  honest  and  dependable,  and  the 
immediate  rewards  for  dishonest  work  are  entirely  inadequate  to  com- 
pensate for  the  tremendous  discount  which  such  work  is  likely  to  in- 
volve on  all  future  prospects. 

The  young  engineer  may  enter  commercial  life ;  he  may  represent 
the  manufacturer  in  the  sale  or  installation  of  machinery,  materials  or 
supplies.  In  such  a  position  he  must  perform  his  services  under  a 
great  variety  of  conditions  and  deal  with  many  and  diverse  customers. 
It  becomes  important  for  him  to  familiarize  himself  with  the  product, 
with  all  its  advantages  and  disadvantages,  under  all  conditions  of  use. 
The  temptation  may  come  to  place  the  product  under  conditions 
for  which  it  is  not  entirely  fitted  and  under  circumstances  in  which  it 
will  not  give  satisfaction.  If  he  yields  to  this  temptation  he  adopts  a 
shortsighted  and  ruinous  policy.  A  satisfied  customer  is  not  only  a 
permanent  customer  but  the  best  possible  reference.  Every  customer 
of  this  kind  will  improve  and  enlarge  the  clientage  of  his  firm  and  will 
establish  a  valuable  personal  acquaintance  and  reputation  which  will 
often  be  a  distinct  advantage  in  future  sales  or  in  after  life  when  he 
Fep1'^  other  employment. 


Engineering  Relations  5 

He  may  be  called  upon  to  install  machinery  and  equipment  and  tc 
see  that  in  their  utilization,  installation  or  operation  all  difficulties  art 
overcome  and  that  the  plants  or  materials  are  correctly  used  and  ful- 
fill their  proper  functions  in  a  satisfactory  manner.  He  must  have 
initiative  and  ingenuity ;  he  must  be  diplomatic  and  considerate ;  he 
must  use  every  proper  means  to  satisfy  the  individual  and  the  public. 

The  engineer  may  be  called  before  the  court  to  give  evidence  in 
professional  matters,  and  his  experience  and  professional  knowledge  be- 
come of  great  importance.  Here  he  must  be  self-possessed,  clear  and 
exact  and  be  able  to  express  himself  so  that  he  will  convince  the  judge 
or  jury  not  only  of  his  professional  knowledge  and  experience,  but  of 
his  honesty  and  integrity  as  well,  and  this  must  frequently  be  done  in 
the  face  of  a  cross  examination  intended  to  show  that  he  is  ignorant, 
incompetent  and  dishonest. 

In  giving  expert  evidence  his  attitude  and  his  purpose  should  be 
marked  by  honesty,  integrity  and  fairness.  He  should  never  lend  his 
professional  knowledge  and  reputation  to  bolster  up  fraud  and  deceit. 
If  he  is  tempted  to  do  this  in  order  to  assist  the  ends  of  his  client,  he 
should  remember  that  such  action  on  his  part  will  seriously  injure  his 
reputation  and  limit  his  future  usefulness. 

In  his  diversified  work  the  engineer  may  have  to  appear  before 
councils  and  legislatures,  boards  of  directors,  meetings  of  stockholders, 
bankers  and  investors,  and  explain  engineering  projects.  He  must 
show  the  necessity  and  justice  of  required  legislation,  or  the  injustice 
and  inadequacy  of  laws  existing  or  proposed.  He  must  show  tht 
necessity,  desirability  or  advantageous  results  to  be  derived  from  cer- 
tain projects  or  from  certain  improvements  to  works  already  con- 
structed. He  must  show  the  safety  of  investments  and  the  certainty 
of  adequate  returns,  and  requires  for  this  work  not  only  a  fund  of  pro- 
fessional information  but  the  ability  to  talk  or  to  write  clearly  and  con- 
vincingly in  such  language  that  his  audiences  will  understand  the  mat- 
icr  placed  before  them  and  appreciate  the  truth  of  the  proposition  pro- 
posed. 

The  engineer  may  be  called  upon  to  report  on  undeveloped  proj- 
ects, and  his  investigations  must  be  so  complete,  his  data  so  definite, 
his  proposed  plans  so  well  developed,  his  estimates  so  conservative,  his 
conclusions  so  thoroughly  founded,  and  his  report  so  clear  and  com- 
plete that  it  will  bear  the  critical  examination  of  experts  who  will  be 
called  upon  to  review  the  project  and  pass  upon  its  feasibility.  He 
may  be  called  upon  to  review  such  reports  made  by  others  in  similar 


6  The  Engineer  and  His  Education 

lines,  and  large  financial  investments  and  interests  which  need  careful 
consideration  and  protection  may  depend  upon  his  report. 

In  reviewing  such  a  project,  he  must  pass  not  only  on  its  possi- 
bilities as  an  engineering  endeavor  but  on  its  probable  success  as  a 
business  venture.  Here  much  more  than  purely  engineering  princi- 
ples are  involved :  the  legal  rights  under  the  state  or  the  national  laws 
must  be  considered ;  the  probable  demand  for  the  services  or  product 
of  the  development  must  be  investigated ;  the  hazards  and  contingen- 
cies involved  must  be  appreciated ;  the  possible  methods  and  expense  of 
financing  must  be  known ;  and  no  element  that  goes  to  make  up  a  com- 
plete commercial  success  must  be  neglected  if  the  engineer  is  to  retain 
his  clientage  and  reputation.  In  this  work  he  is  confronted  with  many 
opinions  and  influences;  the  promoter,  anxious  to  finance  his  project; 
the  company,  desirous  of  floating  its  stocks  and  bonds ;  the  manufac- 
turer, anxious  for  financial  assistance,  each  perhaps  thoroughly  con- 
vinced of  the  feasibility  of  his  project  and  yet  with  insufficient  ex- 
perience or  breadth  of  vision  to  take  into  account  all  of  the  elements 
of  the  problem.  The  engineer  must  remain  unprejudiced ;  he  must 
sift  the  wheat  from  the  chaff,  the  fact  from  the  theory,  and  arrive  at 
a  conclusion  as  to  whether  or  not  the  project  is  feasible  and  the  in- 
vestment sound.  Upon  his  ability  to  arrive  at  correct  conclusions  de- 
pends his  fitness  and  usefulness  for  this  important  work. 

The  engineer  is  sometimes  called  into  a  semi- judicial  position  as 
appraiser  or  arbiter.  Sometimes  property  interests  involving  millions 
are  subject  to  his  judicial  determination.  The  calls  to  such  positions 
are  based  only  on  a  high  professional  standing  and  a  reputation  for 
fairness,  honesty  and  integrity. 

To  qualify  himself  to  fulfill  these  various  functions  properly 
should  be  the  aim  of  every  young  engineer. 

It  is  evident  that  the  wide  range  of  work  above  outlined  requires 
not  only  technical  knowledge  and  experience,  but  the  ability  for  proper 
and  clear  oral  and  written  expression ;  a  knowledge  of  finances,  eco- 
nomics, business  methods,  and  of  legal  relations. 

ENGINEERING  EDUCATION 

§  3.  The  Technical  and  Scientific  Preparation. — The  essential 
aim  of  technical  education  is  not  so  much  to  impart  technical  knowl- 
edge to  the  student  as  to  furnish  the  training  which  will  enable  him  to 
understand  and  investigate  the  conditions  which  surround  a  problem, 


Technical  Preparation  7 

to  determine  the  fundamental  principles  on  which  its  successful  solu- 
tion depends,  to  ascertain  and  analyze  the  elements  which  influence  or 
modify  it,  to  design  the  structures  and  work  needed  for  its  successful 
development,  and  to  supervise  or  superintend  the  proper  construction 
of  such  structures  or  works  and  carry  them  to  successful  and  economi- 
cal completion. 

The  amount  of  knowledge  that  can  be  retained  in  the  mind  at  any 
one  time  is  limited.  The  time  spent  in  a  university  course,  as  well  as 
the  mental  capacity  of  the  student,  are  both  too  limited  for  the  acquisi- 
tion of  anything  more  than  the  elements  of  knowledge  needed  by  the 
practicing  engineer.  Even  the  practicing  engineer  can  retain  only 
those  facts  and  principles  that  have  been  especially  impressed  on  his 
mind  by  constant  use.  (The  most  important  acquirement  therefore  for 
the  student,  in  or  out  of  college,  is  not  a  detailed  knowledge  of  engi- 
neering principles,  natural  laws,  technical  methods  and  detailed  facts 
(except  where  such  matters  are  needed  for  immediate  use)  but  the 
ability  to  ascertain  and  apply  the  correct  principles  and  data  when 
needed  for  professional  purposes. 

The  engineer  must  have  a  comprehensive  understanding  of  the 
elements  that  underlie  his  problem  and  upon  which  its  proper  solution 
depends.  He  must  know  what  and  how  to  investigate,  and  how  to 
analyze  and  weigh  the  influence  of  every  factor  involved.  He  must 
be  able  to  see  or  to  determine  the  value  and  effect  of  each  element  in 
the  problem,  and  he  must  know  whether  the  knowledge  needed  for 
these  ends  is  available,  where  it  is  to  be  found,  and  how  to  acquire  it* 
He  must  understand  ways  and  means  as  affecting  both  construction 
and  operation,  and,  so  far  as  possible,  he  must  have  developed  his  judg- 
ment, sense  of  justice  and  equity  and  his  common  sense. 

All  knowledge  is  more  or  less  related,  and  every  subject  bears 
more  or  less  directly  on  every  other  subject.  It  has  been  said  that  if 
any  man  knows  all  that  can  be  known  of  any  one  subject,  he  knows  all 
that  there  is  to  be  known  of  every  other  subject.  Such  a  comprehen- 
sive knowledge  is  of  course  ideal  and  impossible  of  realization,  but  a 
broad  foundation  of  many  subjects  is  necessary  to  a  true  appreciation 
of  any  one.  This  is  especially  true  of  technical  knowledge ;  and  for  a 
broad  knowledge  of  any  specialty  it  is  both  desirable  and  necessary  that 
the  engineer  have  a  general  knowledge  at  least  of  other  specialties. 

The  present  tendency  toward  specialization  is,  when  carried  far  in  a 
university  course,  a  serious  mistake  if  the  desire  is  to  educate  engineers 
instead  of  to  train  skilled  workmen.  The  ideal  university  for  the  edu- 
cation of  the  engineer  is  not  a  trade  school.  The  education  should  be 


8  The  Engineer  and  His  Education 

largely  general,  and  special  branches  should  be  so  handled  as  to  broaden 
and  not  narrow  the  student.  They  should  be  considered  with  relation 
to  other  special  lines. 

There  is  perhaps  no  more  narrow  man  than  the  specialist  who 
knows  nothing  of  aught  but  his  specialty ;  he  is  an  unsafe  guide  except 
along  his  own  narrow  lines,  for  when  his  lines  cross  or  run  parallel 
with  other  subjects,  he  has  no  true  perspective  of  relative  importance 
or  of  relative  values.  Every  thoughtful  engineer  will  realize  that  his 
special  knowledge  and  experience  will  influence  his  recommendation. 
Recently  a  proposition  was  under  consideration  that  involved  the  in- 
stallation of  two  pumping  engines  of  six  million  gallons  capacity  in  a 
location  where  it  was  undesirable  to  construct  a  boiler  plant  and  where 
in  consequence  power  had  to  be  transmitted  in  some  form  for  about  a 
quarter  of  a  mile.  Various  electrical  engineers  who  discussed  the 
project,  uniformly  recommended  the  use  of  electrical  generation  and 
transmission.  After  due  consideration  of  the  proposition,  steam  trans- 
mission, with  steam  pipes  carefully  insulated,  was  insta1led.  The 
power  consumption  of  this  plant  at  full  load  was  about  half  of  what  it 
would  have  been  with  an  electrical  plant,  specially  designed  for  the 
service ;  and  at  half  and  quarter  loads,  at  which  points  the  plant  oper- 
ated a  considerable  portion  of  the  time,  the  saving  was  very  much 
greater.  The  tendency  of  the  specialist  is  always  to  advise  the  appli- 
cation of  his  specialty. 

One  of  the  most  important  elements  in  the  instruction  of  the 
young  engineer  is  to  lead  him  to  appreciate  not  only  his  own  specialty 
but  to  give  him  a  correct  appreciation  of  the  specialties  of  others.  The 
engineer  who  is  educated  in  only  one  specialty  and  has  not  the  knowl- 
edge necessary  to  compare  it  with  others,  is  poorly  prepared  for  pro- 
fessional life,  and  his  training  will  seldom  give  the  best  results  either 
to  himself  or  his  clients. 

The  courses  of  study  in  engineering  schools  usually  cover  most 
branches  of  engineering  in  a  fairly  satisfactory  manner  when  the  pur- 
poses of  the  studies  are  understood  and  appreciated.  The  principles 
and  methods  on  which  investigation  and  practice  must  rest  are  fairly 
well  developed,  and  the  young  engineer,  when  he  leaves  his  technical 
school,  is  fairly  well  prepared  to  undertake  the  minor  calculations,  op- 
erations and  designs  in  the  practice  of  his  profession.  The  technical 
graduate  must  not  overestimate  his  capabilities.  His  education  is  not 
finished,  it  is  only  just  begun.  He  has  prepared  a  foundation ;  if  it  is 
well  laid  he  has  already  accomplished  much.  He  must  now  build  the 
superstructure.  This,  to  be  successful,  will  require  constant  and  stren- 


Technical  Preparation  9 

uous  effort.  When  the  young  engineer  enters  practice  he  still  needs  to 
acquire  experience  and  to  study,  observe  and  investigate  subjects  con- 
nected with  his  specialty,  all  of  which  is  necessary  for  advanced  work 
and  which  he  can  obtain  to  the  best  advantage  concomitant  with  the 
practice  of  his  profession.  For  success  the  engineer  must  acquire  a 
working  knowledge  of  : 

First:  The  fundamental  principles  of  those  sciences  on  which  his 
work  depends,  and  judgment  in  their  application. 

Second:  Those  methods  and  calculations  which  must  be  applied 
in  such  practice,  and  skill  and  accuracy  in  their  use. 

Third:  The  language,  including  the  ability  to  prepare  and  present 
both  c!ear  and  concise  oral  and  written  explanation  of  engineering 
problems. 

Fourth:  Business  and  engineering  law  upon  which  the  success  of 
engineering  projects  depends,  and  without  which  few  correct  reports, 
specifications  or  contracts  can  be  prepared. 

Fifth:  Those  essential  principles  that  concern  the  personal  rela- 
tions of  the  engineer  with  his  fellows,  with  his  employers  and  clients, 
with  his  business  associates,  with  labor,  and  with  the  public,  and  also 
those  princip1es  ot  judgment,  equity  and  ethics  upon  which  the  highest 
success  of  every  man  depends. 

The  engineer  must  acquire  judgment  and  a  knowledge  of  men  as 
an  essential  part  of  his  education ;  these  can  come  only  with  experi- 
ence and  observation. 

The  engineer  should  also  acquire  a  correct  perspective  of  his  own 
capabilities  and  limitations.  Self-knowledge  is  perhaps  the  most  im- 
portant knowledge,  for  on  the  one  hand  it  will  prevent  the  individual 
from  attempting  those  things  for  which  he  is  unfitted  and  thus  elimi- 
nate failures  which  would  result  in  more  or  less  serious  consequences, 
both  to  himse1f  and  to  others ;  and  on  the  other  hand,  it  will  give  him 
the  necessary  confidence  to  undertake  those  things  for  which  he  is 
properly  fitted  out  and  which  will  make  him  of  the  greatest  value  in 
practical  life. 

The  tendency  of  technical  education  is  rather  to  the  detriment 
of  judgment.  If  text  books  and  instructors  are  considered  infallible, 
if  lectures  are  to  be  taken  without  question,  the  development  of 
judgment  is  certainly  not  stimulated.  An  earnest  effort  should  be 
made  by  the  young  engineer  to  understand  the  limits  of  theory  and 
the  point  where  judgment  and  speculation  begin.  The  use  and 
abuse  of  formulas  should  be  appreciated,  and  their  limitations  real- 


10  The  Engineer  and  His  Education 

ized.  Every  experienced  engineer  should  recognize  the  convenience  of 
formulas  and  must  also  understand  the  danger  of  carelessness  in  their 
use,  and  that  the  application  of  all  theory  to  practice  must  be  modified 
by  judgment  in  order  to  take  into  account  factors  often  unrecognized 
in  theoretical  considerations. 

§  4.  A  Knowledge  of  English. — A  knowledge  of  English,  and  the 
ability  to  express  his  meaning  in  dear,  concise  and  convincing  language, 
both  oral  and  written,  are  assets  of  great  value  to  the  engineer. 

The  ability  to  prepare  and  present  in  oral  or  written  words,  the 
rationale  of  the  problem  to  be  solved  is  often  as  important  as  the  abil- 
ity to  recognize  and  solve  the  problem.  An  intelligent  discussion  of 
the  conditions  that  obtain,  a  proper  presentation  of  the  principles  in- 
volved and  a  clear  elucidation  of  the  proper  methods  for  its  solution, 
so  that  each  of  these  matters  will  be  understood  by  the  business  or  pro- 
fessional man  by  whom  the  problem  is  presented,  is  a  most  important 
function  of  education.  The  ability  to  do  this  can  be  acquired  only  by 
practice  and  by  the  constant  endeavor  of  the  engineer  in  the  prepara- 
tion of  his  work  to  place  himself  in  the  mental  attitude  of  the  one  who 
is  to  hear  or  read  the  matter  presented. 

At  almost  every  step  the  engineer  is  called  upon  to  prepare  reports, 
papers  or  specifications,  involving  the  general  or  detai'ed  description 
of  works'  built  or  proposed.  The  engineer  is  often  required  by  his 
clients  or  superior,  to  examine  projects  in  order  to  determine  the  line 
of  action  necessary  or  desirable  under  the  conditions  that  obtain,  and 
perhaps  the  feasibility,  nature,  extent,  character  and  cost  of  the  con- 
struction or  works  which  should  be  installed  to  accomplish  the  purpose 
desired.  In  such  cases  he  must  be  able  to  describe  in  clear  language 
the  conditions  which  he  finds  and  the  factors  which  will  affect  the  pro- 
posed project,  and  to  give  in  a  logical  manner  the  reasons  for  his  rec- 
ommendations concerning  the  character,  extent  and  cost  of  the  work. 

When  labor,  material,  supplies  or  works  are  to  be  furnished  or 
constructed,  either  as  a  whole  or  in  part,  by  others  than  the  owner 
(and  there  are  few  constructions  where  material  at  least  is  not  to 
be  so  furnished),  the  engineer  must  describe  clearly  and  in  detail 
the  character  and  extent  of  those  parts  which  are  to  be  so  furnished. 
Few  designs  are  complete  in  themselves  without  such  descriptions, 
and  frequently  the  proper  preparation  of  these  descriptions  or  spec- 
ifications is  among  the  most  important  of  the  duties  of  the  designer. 
Proper  specifications  are  fully  as  important  as  the  maps,  plans  and 
designs,  and  are  no  less  essential  for  the  explanation  of  the  proposed 


Knowledge  of  English  11 

work.  Frequently  a  design,  which  may  be  based  on  precedent  or, 
partially  at  least,  on  the  published  plans  of  others,  is  much  less  difficult 
to  prepare  than  the  specifications  which  must  describe  in  detail  the  ma- 
terials and  character  of  the  construction,  and  particularly  the  practic- 
able qualities  of  material  and  the  methods  which  must  be  followed  in 
their  economic  manufacture  or  construction.  Even  where  work  is  to 
be  done  by  the  direct  employment  of  men  by  the  owner  and  not  under 
contract,  proper  specifications  are  essential  as  a  basis  for  correct  esti- 
mates of  cost  and  for  the  proper  performance  of  the  work. 

Material,  labor,  machinery  or  supplies  to  be  purchased  or  con- 
tracted for  must  be  ordered  and  an  agreement  more  or  less  formal 
for  furnishing  the  same  must  in  every  case  be  entered  into.  Such 
agreements  vary  from  the  simple  form  of  a  verbal  order  and  ac- 
ceptance for  the  smallest  supply  to  the  most  elaborate  contract  and 
specifications  tor  the  most  complex  machinery  or  plant  involving 
thousands  of  dollars.  If  such  agreements  are  not  properly  and 
clearly  prepared  they  may  involve  needless  misunderstandings  and 
expensive  litigation.  Precision  and  clearness  of  language  become  of 
greater  importance  as  the  interests  involved  are  larger.  In  order  to 
prepare  correct  technical  reports  or  specifications,  the  engineer  must 
possess  a  knowledge  of  technical  language,  and  this  is  acquired  only  by 
professional  study  and  practical  experience  in  special  lines. 

The  field  covered  by  reports  and  specifications  is  broad  and  touches 
almost  every  limit  of  human  activity,  and  the  ability  to  properly  pre- 
pare them  is  acquired  only  by  long  experience,  careful  study  and  de- 
tailed knowledge.  Certain  principles,  however,  can  be  readily  acquired 
and  understood,  which  if  followed,  will  lead  the  way  to  success  in  this 
work. 

§  5.  Legal  Relations. — it  is  the  duty  of  every  citizen  so  to  inform 
himself  in  regard  to  the  tundamental  and  elementary  laws  under  which 
he  lives  and  on  which  nis  legal  rights  and  privileges  depend,  that  he 
shall  have  a  clear  conception  of  his  own  rights  and  privileges  and  those 
of  his  neighbors  and  business  associates. 

It  is  important  for  the  engineer  to  acquire  a  knowledge  of  those 
fundamental  principles  of  law  which  must  clearly  govern  and  control 
his  social  and  business  relations  and  its  special  professional  activities, 
including  the  laws  of  contracts,  in  which  he  is  often  especially  inter- 
ested either  as  a  principal  or  as  an  arbiter.  These  principles  in  their 
general  relations  can  be  readily  understood  but  their  specific 


12  The  Engineer  and  His  Education 

tion,  particularly  under  many  complex  limiting  conditions,  becomes  ex- 
ceedingly difficult  and  calls  for  the  advice  of  those  who  have  given 
special  study  to  the  subject  under  consideration. 

The  engineer  should  be  sufficiently  informed  concerning  those 
legal  matters  which  affect  his  duties  and  responsibilities  to  know  when 
all  ordinary  legal  requirements  are  observed  in  drawing  up  such  engi- 
neering papers  as  may  be  necessary  in  his  work  and  to  see  that  the  ac- 
tions, attitudes  and  decisions  of  himself  and  his  subordinates  are  legal 
and  that  the  legal  rights  of  his  clients,  business  associates  and  of  him- 
self are  properly  conserved.  In  all  cases  of  importance,  legal  advice 
is  essential  and  should  be  obtained.  Few  lawyers  in  ordinary  practice, 
however,  possess  such  knowledge  of  engineering  contracts  or  of  the 
conditions  of  construction  as  is  necessary  in  order  to  draw  a  satisfac- 
tory contract  for  construction  work ;  and  engineering  contracts  as  well 
as  technical  specifications,  should  be  prepared  by  the  engineer  and  sub- 
mitted to  the  attorney  to  see  that  the  legal  requirements  are  properly 
covered. 

The  engineer,  to  be  successful  in  professional  practice,  must; 
also  be  informed  on  the  laws  which  affect  his  particular  specialty. 
The  municipal  engineer  and  contractor  should  understand  those 
municipal  laws  which  affect  municipal  works  and  which  both  limit 
and  control  municipal  activities.  The  hydraulic  engineer  should  un- 
derstand the  laws  of  riparian  ownership  and  those  governing  the 
acquiring  of  water  rights  and  the  construction  of  water  power,  irri- 
gation and  drainage  projects,  and  the  legal  requirements  of  naviga- 
tion, logging,  fishways,  etc.  The  mechanical  engineer  should  un- 
derstand something  of  patent  laws  and  of  the  various  other  laws  which 
affect  his  specialty.  In  each  branch  of  engineering  there  are  certain 
legal  relations  the  knowledge  of  which  is  indispensable  to  successful 
engineering  practice.  Laws  are  so  manifold  that  no  lawyer  in  general 
practice  can  be  thoroughly  informed  on  all  of  their  branches,  and  the 
engineer  in  practice  frequently  becomes  better  informed  on  those  laws 
which  affect  his  own  specialty  than  does  the  lawyer  in  general  practice. 
In  matters  of  moment,  expert  legal  assistance  should  be  employed,  as 
specialists  in  the  law  are  as  essential  for  a  proper  knowledge  of  special 
legal  requirements  as  are  specialists  for  the  best  practice  in  engineering. 

§  6.  Ethical  and  Personal  Relations. — A  proper  appreciation  of 
the  essential  moral  and  ethical  re1atfons  of  the  individual  is  difficult  to 
acquire  or  to  impart,  yet  there  are  no  subjects  so  important  or  so  inter- 
esting as  those  which  deal  with  the  realities  of  life  and  the  proper  re- 
lationship of  the  engineer  to  his  profession,  to  business,  to  the  pub- 


Legal  Relations  13 

lie  and  to  his  fellow  men.  The  relations  of  man  to  man  are  but 
poorly  governed  by  the  law,  and  a  law-abiding  man  may  be  a 
poor  citizen  and  undesirable  as  a  friend  or  neighbor.  The  per- 
sonal conduct  of  man  in  the  manifold  and  intimate  relations  of  social 
business  and  professional  life  must  be  governed  by  more  generous  and 
equitable  rules  than  those  provided  by  the  statutes,  which  can  furnish 
only  regulations  which  will  perhaps  give  equitable  results  in  the  ma- 
jority of  instances  but  can  govern  only  some  of  the  major  points  of 
contact.  A  man  may  be  selfish,  unfair,  untruthful,  narrow,  egotistical, 
tricky,  and  even  to  a  considerable  degree  dishonest,  without  fear  of  the 
law ;  but  the  individual  in  whom  such  characteristics  predominate  is  a 
detriment  to  himself,  to  his  friends,  and  to  society.  Every  individual 
acquires  in  his  youth,  from  his  parents  and  intimates,  a  certain  knowl- 
edge of  moral  and  ethical  principles  which  have  usually  a  most  impor- 
tant and  lasting  effect  on  his  view  of  life.  This  knowledge  is  usually 
fundamental  and  needs  elaboration  and  thoughtful  consideration  in  its 
extension  to  the  greater  affairs  of  life.  The  well  established  principles 
of  social;business  and  professional  ethics  sometimes  seem  disproved  by 
che  individual  experiences  of  the  young  engineer  who  may  see  apparent 
prosperity  follow  a  disregard  of  these  principles.  It  would  indeed  be 
unfortunate  if  he  has  not  been  fully  assured  that  such  results  are  only 
apparent  and  that  the  greatest  and  best  success  can  come  only  with  the 
highest  conception  of  duty. 


Most  practicing  engineers  and  business  men  recognize  the  fact 
that  a  true  appreciation  of  ethical  relations  is  fully  as  important  for 
success  as  technical  knowledge  or  business  ability ;  that  irrespective  of 
morals  or  religion,  honesty  is  in  reality  the  be",t  policy  and  must  be  ex- 
ercised in  all  social,  business  and  professional  relations  in  its  broadest 
sense.  To  do  as  he  would  be  done  by,  is  the  simplest,  broadest  and  the 
most  complete  ethical  standard  for  the  individual.  A  sincere  regard 
for  both  the  legal  .and  the  moral  rights  of  others,  whether  associate, 
employer,  client,  workman,  contractor,  competitor  or  the  public,  is  a 
necessary  attribute  to  the  greatest  success.  All  honest  and  conscien- 
tious effort  toward  personal  advancement  is  commendable,  but  the 
rights  of  others  must  be  consistently  observed.  The  establishment  of  a 
personal,  business  or  professional  reputation  for  honesty  and  dependa- 
bility is  a  greater  asset  than  any  immediate  profit  from  unethical  ac- 
tions. These  conclusions  have  stood  the  test  of  long  practical  experi- 
ence in  business  and  professional  life. 

As  responsibilities  increase,  as  fiduciary  relations  become  estab- 
lished, as  the  work  of  the  engineer  attains  a  higher  professional  charac- 


14  The  Engineer  and  His  Education 

ter,  there  becomes  involved  not  only  conscientious  honest  and  energetic 
effort  toward  personal  professional  advancement,  but  also  obligations 
toward  the  profession  and  toward  humanity,  even  at  the  sacrifice  ot 
personal  interest. 

The  term  "professions"  includes  those  callings  which  involve  in 
their  practice  high  ideals,  great  energy,  distinguished  ability,  correct 
and  logical  thought  by  means  of  which  effective  results  are  obtained, 
through  efficient  application  of  technical  knowledge  and  proper  or- 
ganization. Such  callings  also  involve  a  high  conception  of  personal 
honor  and  personal  obligation  not  only  toward  all  with  whom  the 
practitioner  comes  in  personal  contact  but  toward  the  profession, 
the  state,  the  nation,  and  toward  humanity. 

The  engineer  must  understand  therefore,  not  only  the  elements 
necessary  for  personal  success  but  also  those  requirements  neces- 
sary for  the  realization  of  the  higher  ideals  of  professional  success. 

LITERATURE 

Addresses  to  Engineering  Students.     Edited  by  Waddell  &  Harrington. 
Published  by  the  authors,  Kansas  City,  Mo. 

*  Limitations  of  Efficiency  in  Engineering  Education,  by  Professor  George 
F.  Swain.     Eng.  Rec.,  Vol.  62,  p.  712. 

*  The  Profession  of  Engineer,  by  Waddell  &  Harrington. 

*  Two  Kinds  of  Education  for  Engineers,  by  Dean  J.  B.  Johnson. 

*  Engineering  Education,  by  Prof.  Frank  P.  McKibben. 

*  Hints  to  Students  on  the  Education  of  an  Engineer,  by  Dr.  Ira  O.  Baker. 

*  The  College  Graduate  as  an  Engineer,  by  Dr.  tAlex.  C.  Humphreys. 

*  The  Study  of  Engineering,  by  Prof.  William  H.  Burr. 

*  The  Making  of  an  Engineer,  by  M.  J.  Riggs,  C.  E. 

*  The  Twentieth  Century  Engineer,  by  Prof.  Henry  S.  Carhart. 

*  The  Relations  of  Civil  Engineering  to  other  Branches  of  Science,  by 
Dr.  J.  A.  L.  Waddell. 

*  College  Training  of  Electrical  Engineers,  by  Prof.  Arthur  C.  Scott. 

*  The  Present  Status  of  the  Engineering  Profession  and  How  it  may  be 
Improved,  by  Dr.  J.  A.  L.  Waddell. 

*  Criticism  of  the  Engineering  Schools,  by  Prof.  Dugald  C.  Jackson. 

*  Last  Words  to  the  Civil  Engineering  Seniors,  by  Dr.  Ira  O.  Baker. 

*  Higher  Education  for  Civil  Engineers,  by  Dr.  J.  A.  L.  Waddell. 
Engineering  as  a  Profession,  by  W.  J.  Frances,  Canadian  Engineer   Vol 

25,  p.  685. 

The  Civil  Engineers,  by  B.  W.  Kennedy.     Eng.  Rec.  Vol.  54,  p.  582. 


*  Addresses  to  Engineering  Students.    Published  by  Waddell  and  Har- 
rington,  Kansas  City,  Mo. 


Literature  15 

Tlie  Relation  of  Electrical  Engineer  to  Other  Professions,  by  Gano  Dunn. 
Presidential  address,  Am.  Inst.,  E.  E.  1912.  Trans.  Am.  Inst.,  E.  E.  See 
also  Eng.  News,  Vol.  68,  p.  476. 

Engineering  as  a  Vocation,  by  Earnest  McCullough,  Donnaly  &  Co.,  New 
York. 

Engineering  as  a  Career.  Edited  by  F.  H.  Newell  and  C.  E.  Drayer.  Van 
Nostrand  Co.,  New  York. 

The  Status  and  Professional  Relations  of  the  Engineer  Discussion  before 
the  American  Institute  of  Consulting  Engineers.  Pamphlet.  Office  of  Secre- 
tary, 10  Park  Ave.,  New  York. 

Plea  for  the  Broader  Education  of  the  Chemical  Engineer,  by  Clifford 
Richardson.  Eng.  Rec.  Vol.,  57,  p.  18. 

Electrical  Engineering  Education,  by  Chas.  P.  Steinmetz.  Electrical  Re- 
view, Vol.  52,  p.  182.  See  also  Trans.  Am.  Inst.  E.  E.,  June,  August  and  Sep- 
tember, 1902. 

The  Engineering  Graduate  and  the  World,  by  Dean  Charles  H.  Benjamin. 
Eng.  News,  Vol.  67,  p.  1084. 

Men  Wanted,  by  Charles  Whiting  Baker.     Eng.  News,  Vol.  67,  p.  1178. 

Engineering  Service  and  the  "Practical  Man"  in  Engineering,  by  Antonio 
Lans.  Eng.  News,  Vol.  62,  p.  192. 

The  Influence  of  Pure  Science  in  Engineering,  by  Sir  J.  J.  Thompson. 
Eng.  Rec.  Vol.  62,  p.  679. 

The  Work  of  the  Engineer,  by  B.  W.  Kennedy.  Eng.  News,  Vol.  56, 
p.  563. 

Contemporary  Technical  Education,  by  John  R.  Freeman.  Jour.  Assoc. 
Eng.  Soc.  October,  1904,  p.  507. 

Status  of  the  Civil  Engineer's  Profession  in  the  United  States.  Annual 
Address  of  President  of  Am.  Soc.,  C.  E.  1909.  By  Onward  Bates  Trans.  Am. 
Soc.  C.  E.,  Vol.  64,  p.  567. 

See  also  Eng.  Rec.  Vol.  60,  p.  34. 

Presidential  Address  of  Sir  Alex  B.  W.  Kennedy.  The  engineer,  his  re- 
lation to  science,  art,  nature,  law,  commercial,  professional  and  industrial  life. 
Inst.  of  Civ.  Engrs.,  Nov.  6,  1906. 

Professional  Ideals  of  the  20th  Century.  Address  by  Pres.  Hadley  of  Yale. 
Eng.  Rec.,  Apr.  20,  1907. 

Presidential  Address  to  North  East  Coast  Institution  of  Engrs.  and  Ship 
ing  value  of  technical  institutions.  Trans.  N.  E.  Coast  Inst.,  Engrs.  and  Ship 
Bldrs.,  W.  H.  Dugdale.  Summary  of  Engineering  from  earliest  times  show- 
Bldrs.,  Jan.  1907. 

The  Training  of  the  Electrical  Engineer  by  Dr.  Louis  Bell,  Discusses 
qualities  needed  and  means  of  acquiring  them,  for  success  in  Electrical  En- 
gineering. Cassier's  Mag.,  Jan.  1905. 

Proper  Qualifications  of  Electrical  Engineering  School  Graduates  from  the 
Manufacturers  Standpoint,  L.  A.  Osborne.  Discusses  qualities  lacking  in  the 
average  graduate.  Trans.  Am.  Inst.  E.  E.,  July,  1903. 

Engineers  Must  Learn  to  Sell  Their  Ability.  Discusses  desirability  of 
teaching  how  to  write  and  speak  convincingly,  and  the  value  of  ethics.  Edi- 
torial. Eng.  Rec.  July  15,  1916,  p.  85. 


CHAPTER  II 

SUCCESS   IN  THE  ENGINEERING   PROFESSION 

§  7.  Personal  Success. — Success  in  life,  like  success  in  the  con- 
struction of  an  engineering  structure,  requires  a  good  and  a  proper 
foundation  on  which  to  build.  Success  is  measured  by  many  men  in 
many  ways.  The  best  success  is  not  measured  by  great  wealth  or  great 
power  nor  by  the  greatest  amount  of  idle  pleasure,  for  the  pursuit  of 
any  of  these  single  purposes  does  not  result  in  the  greatest  happiness 
which  is  perhaps  the  truest  measure  of  the  greatest  individual  success. 

The  greatest  success  results  from  a  well  balanced  life  and  should 
usually  include : 

First:  Suitable  friends  and  family  relations ;  for  the  greatest  suc- 
cess does  not  come  with  solitude. 

Second:  Sufficient  income  for  the  comfort  of  the  individual,  his 
family  and  dependants,  and  to  permit  him  to  help  those  philanthropic 
movements  in  which  all  should  take  part. 

Third :  A  good  personal,  professional  and  business  reputation  m 
his  life  work. 

Fourth:  The  respect  of  his  friends  and  associates. 

Fifth:  Self-respect  or  the  personal  approval  of  his  own  conscience, 
resulting  from  the  proper  observance  of  personal  religious  and  ethical 
convictions. 

Whatever  may  be  the  ideal  of  the  individual,  if  it  be  worthy  of  the 
name  of  success,  its  attributes  are  health,  native  ability,  character,  edu- 
cation, experience  and  opportunity.  Each  is  partially  independent  and 
partially  dependent  on  individual  effort,  and  each  can  be  improved 
and  strengthened  by  the  exercise  of  care,  perseverance  and  energy. 

Character,  while  partially  hereditary,  is  more  largely  due  to  the 
influence  of  family  and  associates,  and  to  education  and  personal 
cultivation.  That  the  age  and  thought  of  the  times  largely  control 
character  is  undoubtedly  true,  yet  no  age  or  nation  has  been  so  de- 
generate that  it  has  not  developed  some  men  of  high  ideals  and  of 
character  creditable  in  any  age.  No  high  professional  standing  is 
ever  attained  without  properly  developed  character ;  it  is  like  the 
internal  mechanism  of  an  important  machine,  unseen  but  essential 
to  the  proper  and  correct  exercise  of  its  highest  functions,  It  is  the 


Personal  Success  17 

main  spring  of  the  best  success  and  is  susceptible  of  great  modifica- 
tion and  improvement  by  individual  effort. 

No  great  success  is  possible  without  health.  Ill  health  draws  the 
attention  of  the  mind  to  the  condition  of  the  body  at  the  expense  of  the 
capacity  for  concentrated  thought,  affects  the  ability  for  energetic  effort 
and  weakens  the  power  of  resistance  and  personal  capacity.  Clean  liv- 
ing, healthful  exercise  and  mental  relaxation  are  therefore  not  only  de- 
sirable but  essential  for  both  personal,  business  and  professional  success. 
A  knowledge  of  personal  and  public  hygiene  and  sanitary  require- 
ments is  necessary  not  only  for  their  influence  on  personal  health 
but  also  on  account  of  the  engineer's  control  of  the  health  of  others 
in  his  public  relations  and  in  his  private  re'ations  in  the  factory  and 
in  the  field. 

The  degree  of  native  ability  possessed  by  the  individual  is  un- 
doubtedly a  considerable  element  of  success  if  properly  utilized  and 
developed.  It  cannot  take  the  place  of  hard  and  conscientious  work 
and  continuous  effort.  Most  so-called  "men  of  genius"  will  admit 
that  their  success  is  due  more  to  hard  work  and  continuous  effort 
than  to  native  ability.  Greater  success  is  due  to  the  personal  exer- 
cise of  will  power  that  concentrates  the  efforts  on  the  end  in  view 
and  utilizes  such  ability  as  is  possessed  by  the  individual  than  to 
the  half  cultivated  spasmodic  exercise  of  so-called  genius.  The  indi- 
vidual who  possesses  both  great  native  abilitv  and  the  ability  for  sus- 
tained concentrated  effort  has  opportunities  of  high  order.  In  all  cases, 
the  development  of  ability  is  dependent  to  a  'arge  degree  on  individual 
endeavor. 

Education  and  experience  are  to  a  considerable  degree  the  re- 
sults of  opportunity,  but  they  are  still  more  largely  acquired  through 
individual  exertion.  The  lack  of  college  or  university  opportunities 
is  no  bar  to  the  individual  who  is  willing  to  exert  continuous  and 
unremitting  effort  in  the  acquisition  of  an  education.  The  schools 
and  instructors  are  an  aid,  not  a  necessity :  and  such  aids  shotiM  be 
utilized  when  available,  but  they  can  be  d'spensed  with  when  ne- 
cessity demands,  if'  replaced  by  energetic,  vigorous  and  forceful  ap- 
plication. 

Experience  is  best  acquired  by  personal  observation,  but  the  re- 
corded practice  of  others  is  a  source  not  to  be  neglected. 

Opportunity  may  freely  come  to  some,  but  it  is  created  by 
many.  The  lower  rounds  of  the  professional  ladder  are  congested 
with  throngs  of  young  men  half  educated  and  half  prepared,  clamor 


18  Success  in  Engineering 

ing  for  opportunity,  while  the  higher  positions  for  which  they  are  un- 
suited  are  often  only  poorly  filled  and  waiting  for  the*  proper  person. 

There  are  few  professional  lines  in  which  an  able,  well  edu- 
cated, well  informed  man  of  high  character  will  not  find  opportunity 
waiting  and  anxious  for  his  coming.  Strenuous,  unremitting  labor 
and  continuous,  conscientious  effort  are  the  prices  of  success. 

§  8.  Factors  of  Success  Must  Be  Recognized. — The  attributes 
described  in  Section  7  must  be  both  acquired  and  properly  exercised ; 
they  must  develop  in  the  individual  those  certain  habits  of  industry  and 
traits  of  character  which  are  demanded  of  professional  and  business 
men  by  their  employers,  clients  and  associates  and  without  which  the 
individual  will  be  at  a  great  disadvantage  in  the  practical  affairs  of  life. 
The  successful  solution  of  any  problem  depends  on  both  a  comprehen- 
sive knowledge  and  a  proper  application  of  all  of  the  factors  on  which 
the  solution  depends.  In  order  therefore  to  succeed  in  the  various 
problems  of  professional  and  business  life  it  is  no  less  essential  that  all 
of  the  factors  of  success  shall  be  duly  appreciated  and  given  the  pro- 
portionate weight  which  their  importance  demands. 

Much  might  be  written  on  any  of  many  factors  of  success,  but  only 
a  brief  discussion  on  some  of  the  most  important  seems  warranted. 
Common  sense  and  judgment  must  extend  the  list  and  supply  further 
details.  If  a  limited  discussion  is  not  sufficient  to  convince  a  man  of 
the  essential  nature  of  the  characteristics  discussed,  further  elaboration 
would  result  only  in  a  waste  of  both  space  and  time.  The  man  who 
will  win  success  will  be  able  to  recognize  its  essential  elements  without 
extended  discussion. 

§  9.  Opinions  of  the  Engineering  Profession. — For  some  years 
a  joint  committee  on  engineering  education  from  the  national  technical 
societies  of  the  United  States  has  been  investigating  engineering  edu- 
cation, and  by  an  arrangement  with  the  Carnegie  Foundation  for  the 
Advancement  of  Teaching,  a  detailed  investigation  has  been  undertaken 
to  determine  the  qualifications  necessary  for  success  in  engineering 
work.  In  the  spring  of  1915  letters  were  sent  to  the  members  of  all 
of  the  national  technical  societies  requesting  individual  opinions  on  the 
essential  characteristics  of  an  engineer.  A  report*  was  made  in  the 
spring  of  1916  as  a  result  of  this  investigation,  in  which  the  essential 
factors  were  summarized  into  six  groups  which  were  numbered  in  the 
order  of  their  importance  as  determined  by  the  frequency  of  their  oc- 
currence in  about  1,500  replies.  On  the  basis  of  this  preliminary  work 


*Report  by  C.  R.  Mann.     Proc.  Am.  Soc.  C.  E.  Feb.  1916. 


Opinions  of  the  Profession  19 

a  new  letter  was  sent  out  to  the  members  of  the  society  asking  for 
further  consideration  of  the  six  characteristic  groups  previously  out- 
lined. To  this  letter  5,441  replies  were  received  sufficiently  definite  for 
classification.  From  these  letters  the  most  probable  values  of  the  rela- 
tive importance  of  these  groups  of  qualities  were  computed  with  the 
following  results,  which  seemed  to  indicate  a  rather  definite  ideal  of 
the  professional  engineer  as  to  the  characteristics  necessary  for  the 
greatest  success  :* 

Revised  and  Original  Ratings 

Revised     Original 

Character,    integrity,   responsibility,    resourcefulness,   in- 
itiative       24.0  41.0 

Judgment,  common  sense,  scientific  attitude,  perspective    19.5  17.5 

Efficiency,  thoroughness,  accuracy,  industry 16.5  14.5 

Understanding  of  men,  executive  ability   15.0  14.0 

75  87 

Knowledge  of  fundamentals    15.0  7.0 

Technique  of  practice  and  of  business   10.0  6.0 

—  25  -          13 

100  100 

It  must  not  be  understood  that  any  single  arrangement  of  these  six 
groups  actually  indicates  the  views  of  professional  men  as  to  the  essen- 
tial characteristics  of  an  engineer  for  each  and  every  position,  for  it  is 
manifest  that  each  individual  should  have  the  essential  characteristics 
developed  to  the  greatest  advantage  for  the  particular  position  which 
he  occupies.  Each  man  must  be  capable  of  a  proper  performance  of 
his  duties,  and  his  lack  of  any  essential  characteristics  is  necessarily 
fatal  to  his  success. 

The  metals  used  in  engineering  construction  are  in  most  cases 
alloys  and  consist  of  a  combination  of  various  elements  some  of  which 
are  essential  and  some  of  which  are  considered  as  impurities.  Never- 
theless each  element  whatever  its  character  and  amount  has  a  particu- 
lar influence  on  the  character  of  the  alloy.  If  any  one  is  missing  it 
may  change  entirely  the  characteristics  of  the  alloy  and  make  it  unfit  for 
some  particular  use.  For  the  greatest  usefulness  in  any  particular 
place,  each  element  must  be  present  to  the  extent  needed.  In  the  same 
manner  a  man  may  be  useless  in  an  engineering  position,  even  though 
his  character,  judgment,  efficiency  and  understanding  of  men  may  be 
highly  developed,  unless  he  has  a  proper  knowledge  of  the  fundamen- 
tals of  engineering  science  and  the  technic  of  practice;  and  yet  in  all 
professional  positions  which  involve  fiduciary  relations  (and  there  are 
willing  to  attempt  those  undertakings  for  which  he  has  been  amply  pre- 


*What  is  an  Engineer.    C.  R.  Mann.    Eng.  Rec.  Vol.  74,  p.  10. 


20  Success  in  Engineering 

practically  no  positions  which  do  not)  there  can  be  no  doubt  that  char- 
acter, judgment,  efficiency  and  understanding  of  men  are  of  much 
greater  relative  importance  in  the  attainment  of  the  greatest  profes- 
sional success,  if  it  can  be  stated  that  one  essential  is  of  greater  im- 
portance than  another  where  all  are  absolutely  necessary  in  some  degree. 

§  10.  Judgment. — The  few  years  spent  in  a  technical  school  can- 
not give  a  profound  knowledge  of  any  of  the  subjects  studied.  The 
fundamental  principles  of  those  sciences  on  which  practice  is  based 
must  be  acquired,  but  these  principles  must  usually  be  further  investi- 
gated and  their  relation  to  practical  things  more  fully  determined  when 
the  engineer  comes  to  apply  them  to  the  actual  work  of  design  and  con- 
struction. Methods  of  investigation  and  of  calculation  must  also  be 
further  considered  and  judgment  and  skill  in  their  use  acquired  when 
their  application  to  concrete  problems  becomes  important.  In  the  class 
room  the  conditions  of  the  problem  are  usually  distinctly  stated.  The 
factors  that  enter  into  it  are  definitely  assumed.  The  theory  that  ap- 
plies to  these  conditions  is  before  the  student.  The  application  of  the 
principles  and  the  solution  of  the  problem  under  such  conditions  are 
not  difficult  because  the  uncertainties  are  eliminated.  In  the  field  the 
circumstances  are  very  different.  Here  the  engineer  must  determine 
for  himself  the  correctness  of  the  theory  which  he  applies ;  he  must 
determine  the  factors  which  actually  enter  into  the  problem  and  he 
must  be  certain  that  there  are  no  other  considerations  which  will  affect 
it  and  render  the  theory  inapplicable  or  the  solution  incorrect.  Ac- 
curacy, thoroughness  and  speed  become  important  in  the  field.  On 
these  functions  depend  not  only  the  personal  success  or  failure,  which 
is  important  to  the  individual,  but  often  the  success  or  failure  of  the 
engineering  work  which  may  involve  lasting  benefits  or  loss  of  both 
life  and  property. 

The  very  keystone  of  successful  engineering  practice  is  judgment. 
The  development  of  judgment  requires  personal  investigation,  per- 
sonal consideration  and  personal  conclusions,  and  should  be  based  on  a 
we1!  balanced  appreciation  of  both  theory  and  practice.  In  the  devel- 
opment of  judgment  the  dicta  of  instructors,  the  statements  of  text 
books,  and  the  opinions  and  conclusions  of  others  must  be  questioned, 
and  can  be  accepted  only  when  they  satisfy  the  fullest  inquiry  and 
analysis.  In  other  words,  the  engineer,  in  order  to  develop  his  judg- 
ment, must  learn  to  think  for  himself,  to  form  and  hold  opinions  of  his 
own,  and  to  base  those  opinions  on  a  substantial,  comprehensive  and 
thoughtful  consideration  of  both  theoretica1  principles  and  practical  re- 
sults. 


Self  Knowledge  21 

Judgment  may  be  based  on  practical  experience  and  is  then  ap- 
plicable within  the  limits  of  that  experience.  When  however  judgment 
is  based  on  a  correct  theory  which  has  been  substantiated  by  a  wide 
range  of  practical  experience,  it  is  capable  of  being  applied  to  a  much 
wider  field  than  when  based  on  practice  only.  It  is  a'so  apparent  that 
judgment  must  also  be  based  on  a  correct  perspective  of  the  individual's 
personal  attributes  and  aptitudes,  for  if  the  individual  deceives  him- 
self through  his  own  personal  traits  his  judgment  will  be  unsound. 

§  ii.  Self  Knowledge  and  the  Understanding  of  Men. — Stu- 
dents and  others  in  college  or  out  who  have  in  a  large  measure  pursued 
their  studies  and  investigations  more  or  less  independently  have  small 
opportunity  to  compare  their  own  ability  with  that  of  others  who  are 
proficient  in  the  same  line.  No  man  has  a  fa;r  opportunity  for  self- 
knowledge  and  an  understanding  of  men  until  he  is  able  to  compare 
himself  with  others  in  the  real  problems  cf  business  or  professional 
work.  It  is  vital  that  the  individual  be  able  properly  to  estimate  his 
own  abilities  in  order  that  he  may  miss  no  opportunity  which  he  is  jus- 
tified in  undertaking,  and  in  order  that  he  shall  also  avoid  undertaking 
those  things  for  which  he  is  not  qualified.  There  is  perhaps  no  more 
difficult  matter  than  adequate  self-judgment.  On  the  one  hand  a  large 
proportion  of  individuals  naturally  over-estimate  their  own  abilities, 
while  on  the  other  hand  a  considerable  percentage  fear  to  undertake 
new  adventures  for  which  they  have  received  reasonably  satisfactory 
training.  Over  confidence  and  an  over  estimate  of  individual  ability 
will  result  in  failures  which  are  a1ways  embarrassing  and  sometimes 
seriously  limiting  to  future  opportunities.  One  who  has  shown  false 
judgment  in  matters  of  moment  commonly  loses  the  confidence  of  those 
who  have  hitherto  trusted  him,  and  he  is  seldom  entrusted  with  addi- 
tional problems  of  a  similar  nature. until  he  has  overcome  by  long  suc- 
cessful service  the  record  of  his  failures. 

A  lack  of  the  appreciation  of  one's  individual  capacity  will  lead  to 
the  loss  of  opportunities,  which  is  also  serious.  People  have  confidence 
in  those  who  have  confidence  in  themse1ves  until  they  learn  that  the 
confidence  is  misplaced,  and  opportunities  come  to  the  greatest  extent 
to  those  who  believe  and  know  they  can  accomplish  those  things  which 
they  undertake.  A  man  is  foolish  who  undertakes  those  things  for 
which  his  knowledge  and  experience  have  not  fitted  him,  for  the  chances 
of  success  under  such  conditions  are  too  remote  and  the  results  of  fail- 
ure are  too  serious.  No  less  foolish  is  the  man  who  fears  to  undertake 
things  for  which  his  education  and  experience  have  given  him  ample 
preparation  and  who,  on  account  of  the  lack  of  self-confidence,  is  un- 


22  Success  in  Engineering 

pared.  The  successful  engineer  must  rightly  weigh  and  appreciate  his 
own  limitations  and  must  recognize  his  personal  deficiencies  and  the 
meagreness  of  his  knowledge ;  and  he  must  know  that  success  is  de- 
pendent on  the  proper  use  of  his  best  ability  and  upon  thorough,  hard, 
conscientious  and  intelligent  work. 

As  pointed  out  in  Section  2,  the  engineer,  in  his  various  rela- 
tions, will  come  in  contact  with  many  classes  of  men,  with  some 
of  whom  his  interests  and  duties  will  be  in  accord  and  with  others 
more  or  less  at  variance.  For  the  greatest  success  he  must  be  able 
to  colloborate  with  the  first  group  and  harmonize  and  adjust  his 
relations  with  the  second  group.  Both  objects  can  often  be  at- 
tained by  a  uniform  courtesy  and  well  developed  sense  of  honor 
and  fair  dealing.  An  understanding  of  men  is,  however,  highly 
essential  for  success.  Every  man  has  individual  characteristics, 
inherited  in  part  but  modified  and  developed  by  his  associates,  sur- 
roundings, education,  and  experience,  which  give  him  his  personal 
view  of  life  and  largely  controls  his  thoughts  and  actions. 

It  is  only  through  contact  with  others  that  an  understanding 
of  men  becomes  possible.  Both  self-knowledge  and  an  understand- 
ing of  men  may  be  facilitated  by  a  consideration  of  the  factors  of 
character  and  personality,  by  a  study  of  the  effect  of  such  factors  on 
the  individual,  and  by  observation  of  the  influence  of  surroundings 
and  experience  on  human  judgment.  The  following  inventory  of 
personal  characteristics  is  modified  from  an  outline  prepared  by 
A.  A.  Potter,  Dean  of  Engineering  at  Purdue  University  and  formerly 
Dean  at  the  Kansas  State  Agriculture  College.  The  use  of  this  out- 
line, for  the  analysis  of  the  personal  characteristics  of  associates, 
friends,  and  self,  will  assist  materially  in  acquiring  the  habit  of 
observation,  in  the  formation  of  .correct  self-knowledge,  and  in  the 
development  of  a  correct  judgment  of  others. 

I.  Physical  Characteristics: 

1.  Height — Tall,  medium,  short. 

2.  Figure — Fat,  portly,  medium,  slender,  slim. 

3.  Hair— 

(a)  Color — Red,  auburn,  black,  brown,  golden,  yellow. 

(b)  Shade — Dark,  medium,  light,  blond,  grey,  white. 

4.  Eyes— 

(a)  Color — Black,  grey,  blue,  brown. 

(b)  Shade — Dark,  medium,  light. 

5.  Complexion — 

(a)  Color — Very  dark,  brunette,  medium,  blond,  very  light. 

(b)  Clarity — Ruddy,  rosy,  clear,  sandy,  sallow,  palid,  muddy. 

(c)  Blemishes — Freckles,  blotches,  scars. 


Self  Knowledge  23 

6.  Countenance — 

(a)  Play  of  features — Merry,  smiling,  pleasant,  reposed,  serious, 

sober,  severe,  repellant. 

(b)  Appearance — Vivacious,  animated,  bright,  intelligent,  quiet, 

dull,  stupid. 

(c)  Expression — Sly,   curious,   mischievous,   sympathetic,   weak, 

strong,  abstracted,  discontented. 

7.  Figure — Dignified,  erect,  round  shouldered,  stooping,  slouchy. 

8.  Body  Control— 

(a)  Activity — Restless,  reposed,  sluggish. 

(b)  Posture — Graceful,  easy,  awkward. 

(c)  Dexterity — Expert,  skillful,  clumsy. 

(d)  Carriage — Elastic,  eager,  apathetic,  loose,  swinging,  shuffl- 

ing. 

(e)  Movement — Very   quick,   quick,   deliberate,   slow. 

9.  Health — Excellent,  good,  fair,  poor,  bad,  hypochondriacal. 

10.  Voice— 

(a)  Intensity — Strong,  medium,  weak. 

(b)  Pitch — High,  medium,  low. 

(c)  Tone — Musical,  well  modulated,  pleasant,  monotonous,  harsh, 

nasal,  drawling,  lisping,  guttural,  falsetto. 

11.  Accent — Bostonian,  Yankee,   Southern,  Western,  Foreign. 

12.  Dress— 

(a)  Character — Ostentatious,  showy,  stylish,  tasteful,  becoming, 

unobtrusive,  ill  chosen. 

(b)  Appearance — Clean,  tidy,  neat,  careless,  seedy,  torn,  soiled. 

13.  Toilet — Exquisite,  careful,  ordinary,  careless,  unclean. 

II.  Natural  Aptitude 

1.  Ability — Highest,  high,  good,  average,  fair,  low,  lowest. 

2.  Common  Sense — Excellent,  good,  medium,  poor,  bad. 

3.  Practicability — Excellent,  good,  medium,  poor,  bad. 

4.  Initiative — Excellent,  good,  medium,  poor,  bad. 

5.  Resourcefulness — Excellent,  good,  medium,  poor,  bad. 

6.  Technical  Ability — Excellent,  good,  medium,  poor,  bad. 

7.  Executive  Ability — 

(a)  In  Grasp  of  Large  Relations — Excellent,  good,  medium,  poor, 

bad. 

(b)  In  Co-ordination  of  Details — Excellent,  good,  medium,  poor, 

bad. 

8.  Co-Operative  Ability — 

(a)  With  Superiors — Excellent,  good,  medium,  poor,  bad. 

(b)  With  Equals — Excellent,  good,  medium,  poor,  bad. 

(c)  With  Subordinates — Excellent,  good,  medium,  poor,  bad. 

9.  Efficiency — Excellent,  good,  medium,  poor,  bad. 

10.  Promise  of  Development — Excellent,  good,  medium,  poor,  bad. 

11.  Poise — Excellent,  good,  medium,  poor,  bad. 

12.  Disposition — Merry,  cheerful,  good-natured,  gloomy,  morose. 


24  Success  in  Engineering 


III.  Mental  Characteristics: 

1.  Thought  Processes — 

(a)  Performance — Brilliant,  rapid,  normal,  slow,  dull. 

(b)  Accuracy — Accurate,  clear,  confused,  obscure,  inaccurate. 

(c)  Logic — Rigorous,  logical,  consistent,  illogical,  incoherent. 

2.  Imagination — Excellent,   good,  medium,   poor,  bad. 

3.  Memory — Excellent,  good,  medium,  poor,  bad. 

4.  Power  of  Concentration — Excellent,  good,  medium,  poor,  bad. 

5.  Judgment — Excellent,  good,  medium,  poor,  bad. 

6.  Foresight — Excellent,  good,  medium,  poor,  bad. 

7.  Versatility — Excellent,  good,  medium,  poor,  bad. 

8.  Accuracy  of  Observation — Excellent,  good,  medium,  poor,  bad. 

9.  Sense  of  Responsibility — Excellent,  good,  medium,  poor,  bad. 

10.  Leadership — Excellent,  good,  medium,  poor,  bad. 

11.  Artistic  and  Esthetic  Taste — Excellent,  good,  medium,  poor,  bad. 

12.  Emotional  Strength — Excellent,  good,  medium,  poor,  baol. 

13.  Emotional  Control — Excellent,  good,  medium,  poor,  bad. 

14.  Outlook — Enthusiastic,   optimistic,    conservative,   cautious,    doubt- 

ful, pessismists. 

15.  Activity — (Strenuous,  energetic,  moderate,  indolent,  lazy. 

16.  Orderliness — Systematic,    orderly,    unsystematic,    disorderly   hap- 

hazard. 

17.  Neatness — Painstaking,  tidy,  untidy,  careless. 

IV.  Ethical  and  Moral  Characteristic: 

1.  Piety — Fanatical,     religious,    lukewarm,     indifferent,     irreligious, 

scoffing. 

2.  Belief — Orthodox,  liberal,  agnostic,  skeptic,  atheistic. 

3.  Opinion — Broad-minded,    tolerant,    receptive,    conservative,    intol- 

erant. 

4.  Temperament — Ascetic,  restrained,  temperate,  lax,  dissipated. 

5.  Discretion — Shrewd,  cautious,  careless,  gullible. 

6.  Character — Yielding,  weak,  firm,  strong,  obstinate. 

7.  Veracity — Honest,  truthful,  sincere,  deceitful,  lying,  dishonest. 

8.  Liberality — Generous,  liberal,  just,  selfish,  grasping. 

9.  Frugality — Miserly,  thrifty,  provident,  shiftless,  wasteful. 

10.  Prudence — Foolhardy,  courageous,  cautious,  timid,  cowardly. 

11.  Aspirations — Ambitious,    contented,    submissive,    servile. 

12.  Dependability — Conscientious,      reliable,      honorable,      unreliable, 

tricky. 

13.  Services — Loyal,  obedient,  dutiful,  disobedient,  disloyal,  treacher- 

ous. 

V.  Social  Characteristics: 

1.  Bearing — Undiscriminating,  democratic,  reserved,  autocratic,  snob- 

bish. 

2.  Political — Radical,   progressive,   conservative,   reactionary. 

3.  Attitude — Quarrelsome,   contentious,   bumptious,   aggressive,   self- 

controlled,  self-reliant,  concilatory,  pacifying,  bashful,  shrinking. 


Self  Knowledge  25 

4.  Manner — Trustful,  guarded,  suspicious,  jealous,  envious. 

5.  Address — Ingratiating,  tactful,  cautious,  direct,  abrupt,  brusque, 

irritating. 

6.  Conduct — Affable,   cordial,  courteous,  formal,  stiff,  cold,  discour- 

eous,  insulting. 

7.  Demeanor — Deferential,     considerate,     respectful,     inconsiderate, 

negligent. 

8.  Co-operation — Docile,     co-operative,    organizing,     directive,     self- 

willed,  domineering,  autocratic. 

9.  Insight — Inquisitive,  alert,   attentive,  receptive,   indifferent,   inat- 

tentive, listless. 

10.  Control — Tractable,     patient,     restrained,    impatient,     outspoken, 

self-willed. 

11.  Stability — Persistent,  firm,  hesitating,  vacillating. 

12.  Discourse — Secretive,   reticent,  reserved,   direct,  frank,  talkative, 

loquacious. 

13.  Modesty — Prudish,  modest,  conventional,  unconventional,  bold. 

14.  Sympathies — Sympathetic,    sensitive,    kind,    just,    unkind,    harsh, 

cruel. 

15.  Promptness — Early,  punctual,  procrastinating,  tardy. 

16.  Initiative — Assertive,  retiring,  animated,  quiet,  dull. 

17.  Popularity — Popular,   unpopular    (with    inferiors),    Popular,    un- 

popular  (with  superiors),  Popular,  unpopular   (with  equals). 

VI.  Education  and  Scholarship: 

1.  Scholarship — Excellent,  good,  medium,  poor,  bad. 

2.  Knowledge — Profound,  thorough,  retentive,  superficial. 

3.  Professional  Training — 

(a)  Theoretical — Excellent,  good,  medium,  poor,  bad. 

(b)  Practical — Excellent,  good,  medium,  poor,  bad. 

4.  Use  of  English — 

(a)  General — Excellent,  good,  medium,  careless,  poor,  bad. 

(b)  Oral  Expression — Elegant,  refined,  correct,  slangy,  ungram- 

inatical. 

(c)  Fluency — Rapid,  measured,  slow,   hesitating. 

(d)  Presentation — Persuasive,  convincing,  mediocre,  unconvinc- 

ing, repellent. 

(e)  Manner — Earnest,  cool,  bluffing. 

(f)  Style — Stilted,  pedantic,  lacking  distinction,  careless,  coarse, 

vulgar,  blustering,  halting,  affected,  gushing. 

(g)  Story  Telling  Ability — Excellent,  good,  medium,  poor,  bad. 
(h)   Public    Speaking   Ability — Excellent,    good,   medium,   poor, 

bad. 

(  i )   Debating  Ability — Excellent,  good,  medium,  poor,  bad. 

(j)  Written  Expression — Accurate,  logical,  well-considered,  in- 
accurate, illogical,  reckless. 

(k)  Presentation — Epigrammatic,  terse,  concise,  extended,  dif- 
fuse, verbose. 

(1)   Clarity — Vivid,  clear,  connected,  involved,  incoherent,  hazy. 


26  Success  in  Engineering 

(m)    Style — Elegant,  classic,  rhetorical,  common-place,  inexact, 

loose. 

(n)   Spelling — Excellent,  good,  medium,  poor,  bad. 
(o)   Handwriting — Firm,  bold,  business-like,  elegant,  effeminate, 

fine,  juvenile,  scrawly,  illegible,  untidy,  careless. 
VII.  Habits  and  Association: 

1.  Habits  as  to — 

(a)  Alcoholic  liquors,  drugs. 

(b)  Tobacco. 

(c)  Profanity. 

(d)  Character  of  society  sought. 

(e)  Character  of  reading  matter  chosen. 

2.  Amusements,  Recreation  and  Habits — 

3.  Membership  in  Organizations — 

(a)  Religious,  social,  fraternal 

(b)  Literary,  scientific. 

(c)  Technical,  professional. 

§  12.  Personality. — The  personality  of  the  individual  is  of 
great  importance  and  has  a  marked  effect  on  his  advancement.  Good 
appearance,  good  address,  proper  self-confidence  and  self-respect,  the 
evidences  of  intelligence  and  energy,  the  ability  of  proper  expression, 
a  proper  consideration  of  the  feelings  and  rights  of  others,  mark  the  man 
for  higher  position  and  better  things.  Great  ability  and  high  technical 
knowledge  and  training  may  hold  respect  though  the  personality  is  un- 
favorable, but  such  respect  is  given  not  because  of  such  personality 
but  in  spite  of  it. 

It  is  unfortunate  that  many  young  men  who  enter  technical  work 
acquire  the  idea,  that  as  engineering  sometimes  involves  the  utilization 
of  great  strength  and  energy  in  pioneer  investigations  and  construction, 
its  practitioners  should  be  not  only  strong  and  energetic  but  also  rough 
and  rugged,  and  that  personal  refinement  is  a  thing  rather  to  be  dis- 
couraged than  sought.  No  greater  error  is  possible. 

The  rough,  strong,  energetic  character  who  ignores  all  personal 
discomforts  either  of  himself  or  of  others  and  drives  construction 
work  to  successful  completion  in  the  face  of  great  difficulties  may  be 
admired  for  the  results  which  he  achieves  in  spite  of  his  roughness  and 
disregard  of  dangers  and  discomforts.  Such  characters  are  bred  in 
the  construction  camp  in  contact  with  hardship,  ignorant  labor  and 
unfortunate  frontier  conditions,  and  they  may  be  an  important  element 
in  such  classes  of  work ;  but  they  are  in  no  way  representative  of  the 
ideals  of  the  engineering  profession. 

The  social  amenities  of  life,  the  polish  of  society,  are  not  signs  of 
efficiency  but  they  are  important  means  of  lubricating  business  and  pro- 
fessional relations. 


Personality  27 

The  field  executive  who  is  actually  constructing  engineering  works 
is  the  ideal  of  the  average  young  engineer,  and  is  his  idea  of  the  per- 
sonification of  the  engineering  profession.  He  fails  to  recognize  that 
back  of  this,  behind  the  actual  construction  work,  is  the  brain  that  con- 
ceives and  the  mind  that  directs. 

Personal  Appearance. — Personal  appearance  is  also  worthy  of  con- 
sideration, for  impressions  are  based  on  the  appearance,  which  is 
strongly  indicative  of  character.  Appearance  is  not  simply  a  matter  of 
dress  but  of  personal  attitude  as  well.  A  man  should  not  be  too  mod- 
est or  diffident,  nor  loud,  overbold  and  familiar,  but  he  should  be 
quiet,  confident,  frank  and  businesslike.  In  dress  he  should  be  neat 
but  not  fastidious.  He  should  endeavor  to  be  inconspicuous,  for  con- 
spicuous dress  usually  shows  unfortunate  idiosyncrasies  which  need  to 
be  eliminated.  The  busy  man  has  litt!e  time  to  give  to  the  question  of 
dress,  but  neatness  and  modest,  quiet  apparel,  suitable  to  the  work  or 
position  occupied,  are  indications  of  a  well  and  properly  balanced 
man. 

Punctuality. — Lack  of  punctuality  is  due  to  heedlessness,  careless- 
ness, lack  of  consideration,  or  conceit,  any  one  of  which  is  equally  ob- 
jectional  and  the  possession  of  which  is  a  serious  detriment  to  the  in- 
dividual's prospects.  Punctuality  is  an  essential  qualification  for  suc- 
cess. An  employee  who  is  habitually  tardy  not  only  robs  his  employer 
of  the  time  for  which  he  is  receiving  compensation  but  frequently 
causes  a  consequent  loss  of  the  time  of  the  employer  or  others  whose 
services  are  of  much  greater  value.  A  record  for  habitual  tardiness  is 
most  unfortunate  for  it  is  a  serious  handicap  for  both  present  and 
future  employment. 

In  professional  life,  the  man  who  habitually  disregards  the  conven- 
ience of  his  associates  and  causes  the  loss  of  their  time  and  patience 
by  the  lack  of  punctuality  in  meeting  appointments  shows  the  lack  of  a 
due  consideration  of  the  rights  of  others  and  will  soon  find  that  he  is 
eliminated  from  such  conferences  whenever  possible.  He  will  lose 
much  of  the  consideration  and  many  of  the  opportunities  which  are 
essential  to  the  best  professional  success. 

Attention  to  Business. — Not  only  should  the  employee  be  punctual 
in  his  arrival  at  his  place  of  business  but  he  should  also  devote  his  at- 
tention to  his  legitimate  work  during  the  hours  set  aside  for  that  pur- 
pose. Office  hours  are  comparatively  brief,  and  arrangements  for 
evening  pleasures,  a  good  story,  the  morning  paper,  the  passing  crowd 
and  many  other  attractions  which  may  catch  the  attention  during  busi- 
ness hours  should  be  studiously  avoided.  They  can  well  wait  until  the 


28  Success  in  Engineering 

hours  of  work  are  passed,  and  if  given  attention  during  the  time  for 
business  will  require  not  only  time  which  should  rightly  belong  to  other 
things,  but  will  weaken  the  ability  to  concentrate  the  attention  on  the 
matter  to  which  the  time  of  the  employee  should  be  devoted.  Willing- 
ness and  cordial  execution  of  orders  and  requests  tend  greatly  towards 
promotion. 

Concentration. — The  ability  to  concentrate  one's  attention  on  the 
immediate  problem  for  consideration  is  a  primary  requisite  for  success 
and  is  a  matter  to  which  the  young  engineer  should  give  his  immediate 
attention  and  his  best  endeavor.  This  characteristic  should  be  devel- 
oped early  in  life  for  it  is  fundamental  to  the  accomplishment  of  any 
really  valuable  results  in  scho'astic  or  business  life.  It  should  be  in- 
culcated in  the  pupils  of  the  common  schools,  impressed  on  the  students 
of  the  college  and  university,  and  practiced  by  the  individual  in  every 
phase  of  his  later  life.  The  ability  to  concentrate  results  in  the 
greatest  saving  of  time  in  school,  in  college,  in  the  laboratory,  the  of- 
fice, the  factory  and  the  field.  The  man  who  can  concentrate  his  at- 
tention on  a  problem  will  accomplish  his  work  accurately  and  rapidly 
and  wi1!  therefore  be  of  greatest  value  to  himself  and  to  his  employer. 
The  ability  to  drop  a  problem  in  order  to  receive  directions,  or  on  ac- 
count of  various  other  interruptions  which  may  occur,  and  to  at  once 
take  it  up  at  the  point. where  :t  is  dropped,  without  loss  of  time  or  the 
reconsideration  of  the  phases  already  examined,  will  result  in  the 
maximum  conservation  of  time  and  the  highest  efficiency. 

The  student  often  acquires  the  habit  of  concentration  in  solitude, 
and  finds  in  the  office,  the  factory  or  the  field  his  attention  distracted 
from  his  work  by  the  confusion  due  to  the  presence  of  others  and  the 
work  which  is  going  on  parallel  with  his  own.  He  must  train  himself 
to  ignore  a1!  that  is  around  him  and  to  keep  his  mind  and  attention 
strictly  on  his  own  particular  work ;  and  when  he  is  able  to  accomplish 
this,  he  will  be  surprised  at  the  amount  he  can  accomplish  and  at  the 
rapid  flight  of  time.  The  individual  should  Wrn  to  put  his  whole  mind 
and  energy  on  whatever  he  is  doing  to  the  exclusion  of  a1!  else,  whether 
he  be  employed  in  working,  playing  or  in  sleeping.  The  man  who 
cannot  do  his  whole  duty  during  his  working  hours  because  of  thinking 
of  the  pleasure  which  awaits  him,  who  cannot  enjoy  the  present 
pleasures  because  his  mind  constantly  reverts  to  his  work,  or  who  can- 
not properly  sleep  because  of  the  business  matters  which  constantly  en- 
gross his  thoughts,  will  make  little  progress  in  his  work  and  is  in  dan- 
ger of  business  failure  or  mental  collapse. 

The  day's  work  should  receive  undivided  attention,  but  in  after 
hours  the  worries  and  difficulties  of  the  day  should  be  entirely  laid 


Personality  29 

aside  and  the  time  given  to  healthful  recreation  or  to  other  matters  of 
a  beneficial  nature.  A  sufficient  time  must  be  given  to  undisturbed 
sleep. 

Relaxation  from  arduous  and  continuous  effort  is  essential  to 
health,  but  a  change  in  occupation  is  frequently  as  advantageous  as  an 
entire  cessation  from  labor.  Many  men  have  found  the  pursuit  of 
some  science,  collateral  to  their  business,  or  in  which  they  took  a  par- 
ticular interest,  both  stimulating  and  restful,  and  such  pursuit  has 
sometimes  elevated  its  votary  to  higher  things.  The  man  who  wastes 
time  wastes  opportunities.  Relaxation  should  be  a  means,  not  an  end. 
A  young  man  who  was  playing  billiards  with  Herbert  Spencer,  after 
running  up  a  remarkable  score  asked  Mr.  Spencer's  opinion  of  his 
play.  "Young  man,"  the  philosopher  replied,  "I  regard  a  slight  pro- 
ficiency in  billiards  an  accomplishment  which  every  man  might  well  en- 
joy, but  such  proficiency  as  you  show  bespeaks  an  ill-spent  youth." 
There  have  been  men  who  have  seriously  impaired  their  health  by  too 
constant  application  and  by  over  work.  They  are  small  in  number, 
however,  and  the  danger  of  such  excess  is  not  great.  There  are  more 
professional  men  who  rust  out  than  who  wear  out. 

Collaboration. — The  individual  should  train  himself  to  work  in 
harmony  with  such  associates  as  he  may  meet  in  any  organization.  He 
should  eschew  petty  jealousies,  fau1t  finding  and  gossip.  He  should 
both  avoid  giving  offense  by  careless  words  or  actions  and  should  en- 
deavor to  overlook  and  ignore  thoughtless  speech  or  action  on  the  part 
of  others. 

A  peevish  or  irritable  disposition,  and  the  habit  of  using  sharp, 
bitter  or  inconsiderate  language,  unfits  a  man  for  successful  association 
with  others  and  deprives  him  of  much  of  his  usefulness,  and  conse- 
quently of  the  greatest  value  to  himself.  The  habit  of  constantly  tak- 
ing or  giving  offense,  for  the  two  traits  are  usually  possessed  in  com- 
mon, is  a  serious  handicap  and  will  often  eliminate  the  unfortunate 
possessor  from  important  opportunities.  Such  a  habit  is  so  despicable 
that  it  frequently  becomes  unbearable  and  the  greatest  ability  cannot 
compensate  for  the  undesirable  qua1ity. 

Petty  jealousy  is  equally  reprehensible.  The  man  who  cannot  re- 
joice at  the  advancement  of  others  but  feels  personallv  aggrieved  be- 
cause he  has  not  received  preferment  will  usually  impede  his  own  pro- 
gress. 

It  is  frequentlv  true  that  promotion  depends  both  on  abilitv  and  in- 
dividualitv.  and  failure  to  secure  the  promotion  which  seems  honestlv 
due  should  result  in  a  serious  consideration  on  the  part  of  the  indivi- 
dual of  his  own  deficiencies  in  personal  character,  personal  effort  or 


30  Success  in  Engineering 

personal  ability.  It  should  be  a  spur  to  greatest  effort  toward  indivi- 
dual improvement  for  in  general  it  is  true  that  the  man  best  fitted  for 
a  given  position  will  be  selected  to  fill  it,  for  only  in  this  way  can  the 
best  results  be  obtained. 

Personal  Bias. — That  all  men  are  to  a  greater  or  less  degree 
biased  in  their  judgment  of  themselves  and  of  others  and  of  a'l 
problems  and  conditions  with  which  they  come  in  contact  is  established 
by  common  experience.  This  bias  is  due  to  their  individuality,  their 
association,  their  local  and  individual  experience,  their  education  and 
special  knowledge,  and  their  personal  interests.  That  this  bias  is  pos- 
sessed by  others  and  injuriously  affects  their  judgment  is  easily  recog- 
nized. It  is  more  difficult  for  the  individual  to  recognize  such  bias  in 
himself.  It  is  however  most  important  for  the  engineer  to  recognize 
his  own  bias  and  to  provide  for  it  by  elimination  so  far  as  possible,  and 
by  the  same  factors  of  safety  which  he  applies  to  other  uncertainties. 
To  acquire  this  knowledge  is  perhaps  the  most  difficult  in  the  practical 
education  of  the  engineer. 

Bias  of  Special  Knowledge. — Special  knowledge  and  a  special  ex- 
perience in  a  limited  field  of  engineering,  unless  accompanied  by  a 
broad  consideration  and  a  considerable  knowledge  of  collateral  sub- 
jects, are  apt  to  involve  a  prejudice  or  bias  in  favor  of  the  application 
of  such  special  means  to  the  solution  of  all  problems  to  which  such 
means  can  be  applied.  The  specialist  naturally  appreciates  the  full 
value  of  his' specialty  and  the  advantages  that  accrue  from  its  applica- 
tion. Normally,  he  is  less  informed  in  other  special  methods  of  solu- 
tion of  his  problems,  and  is  apt  therefore  to  give  undue  weight  to  the 
advantages  which  he  knows  his  own  specialty  to  possess.  The  hy- 
draulic engineer  is  apt  to  overrate  the  advantages  of  water  power  and 
to  underrate  the  contingencies  of  its  construction  and  maintenance. 
The  steam  engineer  is  apt  to  over-estimate  the  value  of  the  use  of  steam 
power  in  the  solution  of  all  power  problems,  and  the  electrical  engi- 
neer, recognizing  the  advantages  of  electrical  generation  and  trans- 
mission is  apt  to  consider  on1y  electrical  methods  in  power  applications. 
In  each  case  the  advantages  of  other  methods  may  be  overlooked  and 
the  problem  solved  on  individual  preference  and  information,  and  not 
by  the  method  which  would  prove  the  most  advantageous  if  all  condi- 
tions and  methods  were  fully  weighed  and  considered. 

In  the  correct  solution  of  any  problem,  a1!  of  the  methods  by  which 
it  can  be  solved  are  deserving  of  the  fullest  and  most  careful  investiga- 
tion and  consideration,  for  only  by  such  means  can  the  best  solution  be 
found ;  and  the  engineer  who  is  desirous  of  securing  the  best  and  most 
economical  solution  of  the  problem  entrusted  to  him  must  give  the 


Bias  of  Experience  31 

most  careful  consideration  to  those  methods  with  which  he  is  least  fa- 
miliar, for  only  by  so  doing  can  he  hope  to  accomplish  the  best  results. 

Bias  of  Personal  Experience. — Personal  experience  should  give 
the  engineer  his  most  useful  and  exact  knowledge,  provided  such  ex- 
perience is  properly  considered  and  digested.  The  fact  that  the  knowl- 
edge so  acquired  is  the  most  exact  and  valuable  in  his  possession  is  apt 
to  give  it  undue  importance  in  the  solution  of  other  problems  with 
which  he  has  to  deal.  A  successful  engineering  achievement,  the  prod- 
uct of  ideas  well  matured,  and  of  plans  carefully  prepared  and  well  ex- 
ecuted, which  has  resulted  in  the  creditable  solution  of  an  intricate 
problem,  may  rightly  lead  to  the  future  application  of  similar  methods 
and  designs  to  problems  of  a  similar  nature.  Frequently,  however, 
there  is  a  tendency  for  the  successful  designer  to  endeavor  to  adjust 
the  conditions  which  prevail  in  a  new  problem  so  that  they  may  be 
solved  by  the  methods  successfully  adopted  previously  rather  than  to 
adjust  the  plans  to  meet  the  conditions  as  they  exist.  This  tendency 
frequently  results  from  a  natural  indolence  to  plan  and  adapt  new 
methods  to  a  problem  where  a  successful  solution,  which  has  stood  the 
test  of  practice,  is  immediately  available;  and  in  many  cases,  the  plans 
of  a  professional  man  bear  evidence  in  themselves  by  the  possession  of 
certain  common  features  of  the  source  of  their  origin  and  the  disincli- 
nation to  consider  each  problem  anew  on  its  individual  merits. 

Bias  of  Local  Experience. — The  normal  conditions  which  obtain  in 
any  locality  must  of  necessity  modify  the  successful  solution  of  every 
local  engineering  problem.  A  professional  man  who  has  successfully 
met  the  various  problems  as  necessarily  modified  by  local  conditions 
within  the  range  of  his  practice,  has  therefore  to  readjust  his  ideas  and 
to  modify  his  plans  whenever  he  is  called  upon  to  solve  a  problem  under 
circumstances  where  the  local  conditions  differ  to  any  considerable  ex- 
tent. For  example,  the  flow  of  streams  differs  radically  not  only  on 
account  of  the  difference  in  rainfall  on  the  different  drainage  areas,  but 
even  more  largely  on  account  of  the  geological  and  topographical  con- 
ditions ;  and  the  engineer  who  has  given  special  attention  to  one  stream 
must  use  especial  care  when  he  considers  construction  which  is  to  be 
carried  out  on  another  stream  for  which  the  conditions  of  flow  may  be 
radically  different. 

In  the  matter  of  electrical  supply  for  light  and  power,  the  demand 
per  capita  varies  greatly  in  different  parts  of  the  same  country  and  in 
cities  of  various  sizes,  even  closely  adjoining.  Local  factors  greatly 
affect  the  cost  at  which  work  can  be  done.  In  the  larger  cities,  the  ex- 
istence of  labor  unions,  which  usually  involve  higher  wages  and  shorter 
hours,  and  frequently  more  inefficient  service,  together  with  the  extra 


32  Success  in  Engineering 

cost  involved  by  street  obstructions  and  other  similar  factors,  ordi- 
narily greatly  increase  the  cost  of  work  over  that  for  which  similar 
work  could  be  done  in  communities  where  the  market  for  labor  is  not 
modified  by  such  conditions,  where  traffic  and  obstructions  are  less 
serious,  and  where  many  other  conditions  are  favorable  to  cheaper  con- 
struction. It  is  a  common  observation  that  men  familiar  with  only  one 
set  of  these  different  conditions  commonly  fail  to  agree  on  the  cost  at 
which  work  can  be  done  in  some  third  community  where  neither  has 
had  actual  experience.  The  city  contractor  who  occasionally  bids  on 
work  in  the  smaller  communities  of  the  country  is  usually  unsuccessful 
as  his  experience  with  the  high  prices  of  the  larger  community  preju- 
dices his  judgment;  and  the  contractor  familiar  with  the  work  in  the 
smaller  communities  commonly  learns  by  dear  experience  the  extra 
cost  involved  when  he  attempts  to  transfer  his  operations  to  the  larger 
cities.  These  difficulties  can  be  overcome  by  freeing  the  mind  of 
purely  local  influences  and  by  a  detailed  determination  and  considera- 
tion of  the  new  conditions. 

Bias  of  Personal  Interest. — It  is  important  that  the  engineer 
should  free  himself  as  far  as  possible  from  the  bias  of  personal  inter- 
est which  is  a  constant  menace  to  sound  judgment.  No  matter  how 
conscientious  a  man  may  be  or  how  much  he  may  endeavor  to  arrive  at 
judgments  which  are  thoroughly  sound,  he  is  constantly  in  danger  of 
not  attaining  the  results  desired  if  his  personal  interests  are  in  any  way 
involved. 

The  engineer  who  is  out  of  employment  may,  on  account  of  his 
necessities,  be  greatly  tempted  to  accept  employment  or  commissions 
which  are  entirely  beyond  his  experience  or  ability.  Reports  on  special 
projects  are  often  unduly  optimistic  for  the  reason  that  the  engineer 
making  the  report  is  unconsciously  influenced  by  the  fact  that  a  favor- 
able report  will  mean  the  prosecution  of  the  project  and  his  employ- 
ment in  its  design  and  construction. 

An  engineer  having  a  patent  for  some  methods  or  process  by  which 
a  problem  has  been  satisfactorily  solved  is  constantly  in  danger  of  ad- 
vocating this  method,  when  it  is  at  all  applicable,  and  this  from  no  dis- 
honest motive  but  on  account  of  the  fact  that  he  has  become  so  im- 
pressed with  his  favorite  plan  that  he  gives  it  a  value  to  which  it  is 
seldom  entitled.  It  is  essential  therefore  that  the  individual  endeavor 
to  eliminate  so  far  as  possible  any  personal  interest  which  he  may  have 
in  the  problem,  except  the  interest  of  its  correct  solution.  If  its  solu- 
tion on  certain  lines  invo1ves  a  profit  to  himself,  such  profit  can  be  of 
only  the  most  temporary  and  unsatisfactory  character  if  it  does  not  also 
involve  the  greatest  possible  success. 


Bias  of  Association  33 

Bias  of  Association. — Almost  every  problem  is  capable  of  a  va- 
riety of  solutions  although  there  is  only  one  solution  that  can  be  the 
best  when  all  things  and  matters  are  considered.  Almost  every  ques- 
tion can  be  regarded  from  several  points  of  view,  and  the  correct  an- 
swer is  not  always  clear  or  evident.  Association  will  normally  estab- 
lish the  point  of  view  from  which  the  individual  will  consider  any 
question  which  is  called  to  his  attention.  The  most  common  exercise 
of  this  tendency  is  found  in  the  unfair  treatment  of  contractors  by  en- 
gineers who  are  employed  to  plan  and  supervise  the  construction  of  en- 
gineering works.  There  is  a  constant  tendency  to  inflict  unjust  re- 
quirements, and  to  require  unwarranted  expense  especially  in  meeting 
contingencies  which  have  not  been  anticipated  by  either  party  and 
which  therefore  could  not  have  been  included  in  the  contract.  The  en- 
gineer is  too  apt  to  see  matters  entirely  from  the  view  point  of  his 
client  and  to  fail  to  exercise  that  impartial  judicial  attitude  that  his 
professional  position  demands. 

In  work  of  appraisal  where  a  municipal  corporation  contemplates 
the  acquisition  of  the  property  of  a  public  utility,  the  engineer  is  al- 
most certain  to  assume  the  point  of  view  which  is  most  favorable  to 
the  side  which  he  is  called  upon  to  represent.  This  may  not  result 
from  any  desire  on  his  part  to  be  unfair  or  biased,  but  is  normally 
what  is  to  be  expected  from  the  action  of  the  human  mind.  Those  who 
have  served  as  chairman  on  boards  of  appraisal  to  which  they  have 
been  selected  by  the  agreement  of  both  sides,  and  have  consequently 
been  unbiased  on  account  of  their  appointment,  have  frequently  ob- 
served the  radical  differences  of  opinion  which  have  obtained  among 
their  colleagues  whom  they  knew  to  be  men  of  great  ability  and  of  the 
highest  integrity. 

Most  men  who  have  engaged  in  this  class  of  work,  after  the  com- 
pletion of  the  appraisal  and  after  the  heat  of  the  argument  has  faded 
away,  recognize  the  same  tendency  in  some  of  the  ideas  and  opinions 
which  they  have  previously  held  and  which  at  the  time  had  their  com- 
plete endorsement  and  were  the  results  of  their  most  profound  convic- 
tions. A  peculiar  result  of  this  normal  attitude,  which  is  often  appre- 
ciated by  men  engaged  in  such  work,  is  that  when  they  are  endeavoring 
to  be  entirely  fair  and  equitable  in  their  findings  and  appreciate  their 
own  inclination  to  bias  in  these  matters,  there  is  a  proneness  at  times 
to  rather  overdue  the  matter  and  to  consent  to  findings  that  are  more 
or  less  unfair  to  those  whom  they  represent.  This  is  usually,  however, 
a  minor  matter  and  does  not  vitiate  the  general  proposition  that  in  the 
main  the  tendency  is  to  favor  the  client  unfairly,  but,  it  emphasizes  the 
fact  that  the  fair-minded  man  is  not  always  able  to  bring  in  an  equi- 


34  Success  in  Engineering 

table  finding  in  the  face  of  his  association  and  the  personal  proclivities 
of  those  by  whom  he  was  selected. 

The  same  tendencies  are  more  fully  emphasized  by  the  expert  wit- 
ness. There  the  personal  bias  of  the  witness  is  often  accentuated  by 
the  endeavor  of  the  other  side  to  confuse  or  confound  the  opinions  ex- 
pressed. In  some  cases  these  idiosyncrasies  are  so  pronounced  and 
are  carried  to  such  an  extent  as  to  give  even  the  appearance  of  dishon- 
est intentions,  to  which  they  are  sometimes  so  closely  related  as  to  be 
almost  indistinguishable  and  may  grade  from  mere  prejudice  to  actual 
dishonesty  in  many  lines  of  engineering  work. 

§  13.  Financial  Success. — The  test  of  the  practical  value  of  edu- 
cation is  its  successful  application  to  the  affairs  of  life,  and  the 
education  acquired  by  the  large  majority  of  men,  measured  by  its 
effect  on  their  financial  success,  is  of  little  worth.  Few  men  are 
f.tted  to  shape  their  own  affairs  for  their  own  best  interests.  The 
statistics,  compiled  by  the  American  Bankers  Association,  given  in 
the  accompanying  table,  show  the  fate  of  one  hundred  young  men, 
25  years  of  age,  strong,  vigorous,  able  to  wrork  and  who  should  be 
able  to  save  money  to  provide  for  their  advanced  age  and  the  future 
of  their  families.  The  number  that  succeed  in  so  doing  is  pitiably 
small. 

FATE    OF    ONE    HUNDRED    MEN— STRONG    AND    VIGOROUS    AT 

TWENTY-FIVE   YEARS   OF  AGE 
(Compiled  by  American  Bankers'  Asso.) 

Age                                       25  35  45  55             65             75 

Living    100  95  84  80             64             37 

Very  Wealthy . .  . .               1               1 

Wealthy    10  4  ..               3               2 

Good  'Circumstances 10  . .               3 

Moderate  Means 40 

Self-Supporting — 

Had  Saved  Nothing. .        ..  35  65  46               6 
Dependent  on  Relatives 

or  Charity ...  15*  30*           54f           35f 

Dead    5  16  20            36            63 

PERCENTAGE— CONDITION  OF  THOSE  LIVING 

Very  Wealthy ..  ..  1.5  1.5 

Wealthy 11  4.5  3.5  4.5  5.5 

Good   Circumstances    ....  11 

Moderate  Means 41 

Self-Supporting1 

Had  Saved  Nothing         . .,  37  77.5          57.5  9.5 

Dependent  on  Relatives 

or  Friends ..  18*  37.5*        84.5f       94.5f 

*Partially  or  entirely  dependent. 

f Practically  all  dependent.    Less  than  six  percent  of  those  who  die  after 
75  leave  sufficient  means  to  defray  their  funeral  expenses. 


Financial  Success 


35 


There  are  many  causes  that  leave  this  great  majority  of  men  pen- 
niless in  their  old  age.  Misfortune,  entirely  or  largely  beyond  the 
control  of  the  individual,  will  account  for  a  small  percentage  of  these 
cases.  Poor  business  judgment  will  account  for  a  few  more.  In  the 
great  majority  of  cases,  however,  the  causes  are  the  entire  lack  of 
foresight,  the  lack  of  appreciation  of  the  necessity  of  early  accumu- 
lation and  the  increasing  difficulties  of  saving  later  in  life. 

The  desires  and  apparent  necessities  of  today  make  saving,  from 
limited  incomes  difficult  and  unpleasant.  With  advancing  age  fre 
quently  comes  the  necessity  of  greater  expenditures,  not  always  offset 
by  relatively  increased  income,  which  renders  saving  doubly  difficult 
:f  the  saving  habit  has  not  been  cultivated.  There  are  few  men  who 
cannot,  at  least  by  strict  economy,  set  aside  something  from  their 
monthly  earnings  and  such  a  habit  should  be  acquired  early.  Such 
savings  should  be  safely  invested  so  as  to  immediately  become  activt 
in  accumulation.  In  many  cases  this  can  best  be  done  by  investing 
in  life  insurance  for  the  regular  demand  for  the  annual,  semi-annual, 
or  quarterly  premiums  will  often  assure  the  setting  aside  of  the  neces- 
sary amounts  by  those  who  would  otherwise  expend  their  entire  income 
on  their  immediate  desires  and  necessities  or  make  unsafe  investments 
and  ultimately  lose  their  entire  savings.  Statistics  show  that  while 
only  four  per  cent  of  the  incomes  of  the  people  of  the  United  States 


ERRATA 

Table  on  page  35  is  in  error  and  should  read  as  follows: 

DETAILS  OF  THE  ACCUMULATION  OF  MONTHLY  SAVING  OF  $10 
WITH  INTEREST  AT  6%  PER  ANNUM. 
Monthly 
Year  Saving 

1    $10.00 

2  10.00 

3  10.00 

4  10.00 

5  10.00 

6  10.00 

7  10.00 

8  10.00 

9  10.00 

10  10.00 

11  10.00 

12  10.00 

13  10.00 

Page  36 — Accumulation  at  end  of  twelve  years  should  read  $2080.  Saving 
at  twenty-four  years  should  equal  $6,266  and  at  thirty-six  years 
should  equal  $14,688. 


Yearly 

Interest  on 

Interest  on 

Capital  at 

Saving 

Yr.  Saving 

Capital 

end  of  year 

$120.00 

$3.30 

$123.00 

120.00 

3.30 

$7.40 

254.00 

120.00 

3.30 

15.24 

392.54 

120.00 

3.30 

23.55 

539.39 

120.00 

3.30 

32.36 

695.10 

120.00 

3.30 

41.70 

860.20 

120.00 

3.30 

51.60 

1,035.00 

120.00 

3.30 

62.10 

1,220.20 

120.00 

3.30 

73.22 

1,416.90 

120.00 

3.30 

85.02 

1,625.00 

120.00 

3.30 

97.51 

1,846.00 

120.00 

3.30 

110.76 

2,080.00 

120.00 

3.30 

124.80 

34  Success  in  Engineering 

table  finding  in  the  face  of  his  association  and  the  personal  proclivities 
of  those  by  whom  he  was  selected. 

The  same  tendencies  are  more  fully  emphasized  by  the  expert  wit- 
ness. There  the  personal  bias  of  the  witness  is  often  accentuated  by 
the  endeavor  of  the  other  side  to  confuse  or  confound  the  opinions  ex- 
pressed. In  some  cases  these  idiosyncrasies  are  so  pronounced  and 
are  carried  to  such  an  extent  as  to  give  even  the  appearance  of  dishon- 
est intentions,  to  which  they  are  sometimes  so  closely  related  as  to  be 
almost  indistinguishable  and  may  grade  from  mere  prejudice  to  actual 
dishonesty  in  many  lines  of  engineering  work. 

§  13.  Financial  Success. — The  test  of  the  practical  value  of  edu- 
cation is  its  successful  application  to  the  affairs  of  life,  and  the 
education  acquired  by  the  large  majority  of  men,  measured  by  its 
effect  on  their  financial  success,  is  of  little  worth.  Few  men  are 
fitted  to  shape  their  own  affairs  for  their  own  best  interests.  The 
statistics,  compiled  by  the  American  Bankers  Association,  given  in 
the  accompanying  table,  show  the  fate  of  one  hundred  young  men, 
25  years  of  age,  strong,  vigorous,  able  to  work  and  who  should  be 
able  to  save  money  to  provide  for  their  advanced  age  and  the  future 
of  their  families.  The  number  that  succeed  in  so  doing  is  pitiably 
small. 

FATE    OF    ONE    TTTTNTVRFn    Ml?. XT      orrorkxr^      *  v~ „  — TTfi!     A 


Financial  Success  35 

There  are  many  causes  that  leave  this  great  majority  of  men  pen- 
niless in  their  old  age.  Misfortune,  entirely  or  largely  beyond  the 
control  of  the  individual,  will  account  for  a  small  percentage  of  these 
cases.  Poor  business  judgment  will  account  for  a  few  more.  In  the 
great  majority  of  cases,  however,  the  causes  are  the  entire  lack  of 
foresight,  the  lack  of  appreciation  of  the  necessity  of  early  accumu- 
lation and  the  increasing  difficulties  of  saving  later  in  life. 

The  desires  and  apparent  necessities  of  today  make  saving,  from 
limited  incomes  difficult  and  unpleasant.  With  advancing  age  fre 
quently  comes  the  necessity  of  greater  expenditures,  not  always  offset 
by  relatively  increased  income,  which  renders  saving  doubly  difficult 
:f  the  saving  habit  has  not  been  cultivated.  There  are  few  men  who 
cannot,  at  least  by  strict  economy,  set  aside  something  from  their 
monthly  earnings  and  such  a  habit  should  be  acquired  early.  Such 
savings  should  be  safely  invested  so  as  to  immediately  become  activt 
in  accumulation.  In  many  cases  this  can  best  be  done  by  investing 
in  life  insurance  for  the  regular  demand  for  the  annual,  semi-annual, 
or  quarterly  premiums  will  often  assure  the  setting  aside  of  the  neces- 
sary amounts  by  those  who  would  otherwise  expend  their  entire  income 
on  their  immediate  desires  and  necessities  or  make  unsafe  investments 
and  ultimately  lose  their  entire  savings.  Statistics  show  that  while 
only  four  per  cent  of  the  incomes  of  the  people  of  the  United  States 
is  expended  in  life  insurance  premiums  yet  87  per  cent  of  all  estates 
left  in  the  country  consist  solely  of  life  insurance. 

The  Accumulation  of  Savings. — Few  realize  how  rapidly  money 
accumulates  when  put  out  at  interest.  The  following  tab1e  gives  the 
details  of  the  accumulation  of  a  continuous  saving  of  ten  dollars  per 
month  placed  at  interest  at  six  per  cent. 

DETAILS  OF  THE  ACCUMMULATION  OF  MONTHLY  SAVING  OF 
$10  WITH  INTEREST  AT  THE  RATE  OF  6%  PER  ANNUM 

Monthly        Yearly  Interest        Interest  Capital 

Year  Saving          Saving  on  on  at  end 

Yearly          Capital  of  year 

Saving 

1    $10  $120  $6.60  ....  $127 

2    10  120  6.60  $7.60  261 

3    10  120  6.60  15.60  403 

4    10  120  6.60  24.20  554 

5    10  120  6.60  33.20  714 

6    10  120  6.60  42.80  883 

7    10  120  6.60  53.00  1063 

8    10  120  6.60  63.80  1253 

9    10  120  6.60  75.20  1455 

10   V..     10  120  6.60  87.30  1669 

11    10  120  6.60  100.10  1895 

12    10  120  6.60  113.70  2136 

13  .  10  120  6.60  128.00 


36  Success  in  Engineering 

From  this  table  it  will  be  noted  that  at  the  end  of  twelve  years 
the  sum  accumulated  will  equal  $2,136  and  that  thereafter  the  annual 
interest  on  the  accumulated  principal  will  be  more  than  the  annual 
saving  that  created  it.  If  this  saving  is  continued  it  will  equal  $6.400 
in  twenty-four  years  and  $15,000  in  thirty-six  years.  While  such  an 
accumulation  is  not  wealth,  it  will  assure  the  individual,  who  starts 
such  an  account  before  twenty-nine  years  of  age  and  continues  such 
a  course  of  saving,  a  greater  independence  at  sixty-five  years  of  age 
than  is  ordinarily  possessed  by  84%  of  the  men  alive  at  that  age,  and 
may  represent  the  difference  bet  wen  comparative  comfort  and  poverty 
and  possible  distress. 

Principles  of  Investments. — It  is  estimated  that  over  $500,000,000 
per  year  are  lost  by  investors,  in  the  United  States,  through  projects 
that  are  either  purely  fraudulent  or  so  speculative  as  to  be  little  better 
than  swindles.  Statistics  show  that  97  per  cent  of  all  corporations 
organized  fail  within  three  years  after  their  organization.  It  is 
evident  that  much  of  the  money  saved,  often  by  considerable  self- 
denial  and  self-sacrifice,  is  lost  by  injudicious  investment.  Such  in- 
vestments are  usually  made  with  the  hopes  of  comparatively  large 
returns,  which  hope  is  not  only  unrealized  but  often  the  investment 
itself  is  lost.  It  follows  that  a  safe  investment  at  low  rates  of  inter- 
est, absolutely  assured,  will  in  the  majority  of  cases  yield  better  results 
than  can  be  secured  by  such  investments  as  are  commonly  made  by  men 
unfamiliar  with  the  risks  involved.  For  these  reasons  the  young  or 
inexperienced  investor  would  do  well  to  place  his  earnings  in  life 
insurance,  in  the  savings  bank,  or  in  government  or  municipal  bonds, 
where  the  interest  though  low  is  certain  and  the  principal  is  safe. 
With  some  business  experience,  reasonable  safety  may  be  assured  and 
better  interest  obtained  by  the  purchase  of  high  grade  bonds,  mort- 
gages, and  preferred  stocks  which  pay  from  five  to  seven  per  cent. 

While  "bonds"  are  regarded  most  favorably  by  the  investing 
public,  it  should  be  understood  that  the  term  means  little  and  that  a 
bond  may  not  be  as  safe  or  as  valuable  as  a  note,  a  preferred  stock, 
or  a  common  stock,  the  value  depending  upon  the  bond  provisions, 
en  the  security  behind  it,  and  upon  the  management  of  the  property. 

Buying  securities  is  much  like  making  any  other  purchase,  the 
best  protection  to  the  purchaser  is  the  reputation,  character,  and  expe- 
rience of  the  investment  company  from  which  the  purchase  is  made. 
Except  when  buying  from  banks  or  investment  companies  of  un- 
doubted high  standing,  the  purchaser  would  do  well  to  consult  some 
banker  in  whom  he  has  confidence  or  write  for  information  to  one 


Principles  of  Investments  37 

of  the  standard  investment  periodicals  or  to  the  financial  departments 
of  some  of  the  reliable  magazines  which  undertake  to  furnish  financial 
information. 

Business  enterprises  are  undertaken  for  profit,  not  for  charity, 
and  investors  are  asked  to  purchase  securities  because  the  money  is 
needed  or  desired  for  business  or  for  speculative  purposes. 

The  reason  for  the  issue  and  sale  of  any  security,  bonds,  notes, 
preferred  stock  or  common  stock,  is  to  secure  money  for  some  busi- 
ness enterprise  at  the  lowest  possible  rate  of  interest,  when  the  financial 
conditions  of  the  country  and  the  risks  involved  are  considered.  The 
returns  offered  on  any  security  are  as  a  rule  only  such  as  are  thought 
to  be  necessary  to  secure  the  funds  needed,  and  the  amount  of  interest 
is  in  reality  fixed  by  the  general  demands  of  the  investing  public.  It 
follows  as  a  necessary  corollary  that  the  greater  the  possible  returns 
the  greater  the  probable  risk. 

The  investments  on  which  large  returns  are  promised  are  usually 
those  in  which  the  risk  is  so  great  that  large  and  experienced  investors 
do  not  care  to  take  the  risk,  and  the  securities  have  to  be  marketed 
by  an  appeal  to  the  small  and  inexperienced  investor.  As  a  rule  safe 
and  sane  enterprises  do  not  hawk  their  stocks  about  and  all  stock  pro- 
miscuously offered  is  probably  dangerous. 

Opportunities  to  secure  large  returns  from  the  organization  of 
great  business  enterprises,  the  development  of  natural  resources,  or  of 
really  valuable  inventions,  are  seldom  offered  to  small  investors.  Such 
enterprises  if  safe,  sure,  and  conservative,  are  almost  always  financed 
by  a  few  large  interests  that  are  conversant  with  their  value,  and 
the  small  investor  is  offered  only  the  securities  which  will  net 
moderate  returns  more  or  less  commensurate  with  the  apparent 
risks  involved  or  questionable  investments  the  hazards  of  which 
are  so  great  that  they  do  not  appeal  to  the  experienced  financiers. 

The  value  of  any  security  depends  primarily : 

1.  On  the  management;  that  is,  the  honesty,  reliability,  and 

experience  of  the  parties  in  charge  of  the  business  admin- 
istration. 

2.  On  the  real  value  of  the  property   (if  any)   on  which  the 

security  is  based. 

To  those  unacquainted  with  business  methods,  any  security 
offered  should  be  regarded  as  of  doubful  value : 

1.  If  if  is  offered  as  a  special  favor. 

2.  If  it  is  in  the  promotion  stage. 

3.  If  it  is  a  mining  or  oil  stock  in  course  of  flotation. 


38  Success  in  Engineering 

4.  If  it  depends  upon  some  new  invention. 

5.  If  it  is  in  a  large  degree  speculative. 

6.  If  it  is  slated  to  be  marked  up  on  a  certain  date. 

7.  If  it  must  be  bought  without  sufficient  time  for  investi- 

gation. 

8.  If  it  is  declared  certain  to  return  undue  profits. 

9.  If  it  has  only  unknown  interests  connected  with  it. 

10.  If  it  is  based  on  resources  in  distant  places  which  cannot 

be  readily  investigated. 

11.  If  it  is  secured  by  remote  unimproved  land  which  is  to 

become  the  site  for  a  great  city. 

12.  If  the  strongest  inducement  is  that  it  is  non-assessable. 

13.  If  it  is  offered  by  "enemies  of  capital." 

14.  If  it  is  to   finance   some  wireless  telegraph   or  telephone 

which   is  to  drive  existing  companies  out  of  business. 

15.  If  it  is  based  on  some  new  motor — Steam,  Gas,  Sun,  Wave, 

or  Tide,  which  is  to  replace  all  other  types  of  ptfwer. 

16.  If  it  sells  for  a  few  cents  per  share. 

17.  If  urged  by  repeated  letter,  circulars,  etc.,  that  it  must  be 

brought  now  or  great  profits  will  be  lost. 

18.  If  it  is  bunched  with  other  offerings  at  a  reduced  figure. 

19.  If  those  selling  a  security  fail  to  give  the  names  of  the 

officers  and  directors  of  the   offering  concern. 

20.  Unless  it  is  properly  secured  by  property  values  greater 

than  the  securities  issued,  and  guaranteed  by  adequate 
earnings  sufficient  to  pay  interest  and  ultimately  amor* 
tise  the  principal. 

21.  If  it  is  based  on  other  than  good  security,   managed  by 

reliable  interests,  and  put  forth  as  simply  a  conservative 
business  proposition. 

Business,  Finance  and  Engineering. — At  the  present  time  the  engi- 
neer is  frequently  called  upon  not  only  to  design  and  construct 
works  but  also  to  pass  upon  all  features  of  works  and  projects 
including  their  business  and  financial  relations.  In  most  cases 
the  financial  and  business  factors  are  primarily  more  important 
than  those  of  design  and  construction  for  a  project  that  is  not  a 
financial  success  can  not  be  regarded  as  a  success  although  it  may 
be  successful  from  a  structural  standpoint.  The  financial  problems 
which  commonly  must  be  considered  by  the  engineer  may  be 
classed  as : 


Business,  Finance  and  Engineering  39 

1.  Economic   Selection   or   the   determination   of   the   most   eco- 
nomical design  for  accomplishing  a  given  purpose.     This   is  the 
question  in  economics  most  common  in  engineering  practice.     It 
includes  the  selection  of  the  best  type  of  materials  for  construction 
to  meet  certain  demands,  the  best  class  of  machinery  to  furnish 
certain  service,  and  the  best  design  to  fulfill  certain  requirements. 
It  enters  into  every  phase  of  design. 

2.  Economic    Management    or    the    determination    of    the    best 
methods  of  management  and  operation  of  factories,  utilities,  and 
projects  and  the  methods  by  which  a  new  business  can  best  be 
managed  or  an  old  business  can  be  improved,  operation  costs  re- 
duced, and  profits  increased. 

3.  Economic  Expediency  or  the  advisability  of  a  project  when 
the  best  design  is  considered  for  the  purpose  it  is  desired  to  fulfill. 
This  includes  such  questions  as  the  advisability  of  the  construction 
of  a  railroad  or  interurban  line  between  certain  places ;  of  the  con- 
struction   of    hydro    electric    plants    or    power    stations    to    serve 
certain  districts;  of  the  development  of  drainage  or  irrigation  or 
other  projects  and  of  the  purchase  or  rehabilitation  of  properties 
or  works  already  constructed. 

4.  Economic  Worth  or  the  determination  of  the  physical,  struc- 
tural, and  commercial  worth  or  value  of  a  plant  or  project  for  the 
uses  and  purposes  it  is  intended  to  fulfill.    This  includes  the  ques- 
tion of  valuation  and  appraisal;  the  question  of  the  present  value 
of  public  utilities  for  purchase  and  rate  making;  and  of  private 
enterprises  and  manufacturing  plants  for  financial  investments. 

For  the  greatest  professional  success,  the  engineer  must  prop- 
erly train  himself  to  solve  these  problems  successfully.  The  knowl- 
edge, judgment,  and  experience  required  for  such  solutions  are 
much  more  complex,  intricate,  and  extended  than  are  required  in 
engineering  design  or  construction. 

§  14.  Professional  Improvement. — In  order  to  grow  and  to  de- 
velop, the  engineer  must  acquaint  himself  with  the  ideas  and  activities 
of  others  who  are  working  in  his  own  field.  It  is  therefore  essential 
that  the  young  engineer  should  mingle  with  his  fellows  and  compare 
his  ideas  with  those  of  others  in  professional  lines.  He  should  early 
associate  himself  with  those  technical  societies  before  which  those  prob- 
lems of  engineering  in  which  he  is  particularly  or  generally  interested, 
are  discussed  and  he  should  at  least  listen  to  or  read  the  papers  and 
discussions  of  others  both  in  the  society  proceedings  and  the  technical 
papers  in  order  that  he  may  gain  a  proper  idea  of  current  engineering 


40  Success  in  Engineering 

and  practice  and  judge  and  appreciate  the  limitations  of  his  own  ability. 
When  he  can  contribute  to  the  information  by  paper  or  discussion  it 
will  be  distinctly  to  his  own  advantage  to  do  so  for  in  so  doing  he  will 
strengthen  his  own  knowledge  and  abilities  and  subject  his  work  and 
conclusions  to  the  criticism  of  others  and  frequently  thereby  correct  his 
misconception.  For  this  purpose  the  minor  state  and  local  engineering 
societies  are  of  great  advantage,  for  before  such  societies  matters  of 
local  and  personal  interest  can  be  discussed  to  advantage. 

A  good  paper  properly  prepared  which  describes  the  development 
and  successful  completion  of  new  work  and  the  experiences  resulting 
therefrom,  or  coordinates  the  experience  gathered  from  extensive  ob- 
servation and  study,  not  only  improves  and  intensifies  his  own  concep- 
tion of  the  problem,  but  establishes  a  record  of  his  work,  extends  his 
acquaintance,  and  is  of  such  direct  professional  benefit  to  the  writer  as 
the  importance  of  the  matter  and  the  general  excellence  of  its  treat- 
ment may  determine.  In  the  preparation  of  such  papers  due  acknowl- 
edgment should  be  made  of  personal  indebtedness  to  others  for  data  re- 
ceived, information  furnished  or  the  use  of  illustrations  and  sugges- 
tions in  the  preparation  of  papers  and  technical  articles.  Piracy  of 
ideas  or  plagiarism  should  be  studiously  avoided,  and  a  kindly  consid- 
eration of  the  rights  and  feelings  of  others  and  a  proper  recognition  of 
their  aid  and  courtesy  are  highly  desirable. 

The  young  engineer  should  constantly  seek  information  on  the 
various  phases  of  engineering  work  with  which  he  comes  in  contact, 
for  otherwise  the  opportunity  for  acquiring  special  information  and 
special  experience  with  its  consequent  advantages  will  pass  unnoticed. 
Opportunity  seldom  announces  its  advent  with  trumpets,  and  when  so 
announced  is  mostly  likely  to  prove  a  pitfall  instead.  Opportunities  to 
acquire  specialized  information  that  is  greatly  needed  in  the  engineer- 
ing and  business  world  lie  on  every  hand  and  await  the  mind  that  can 
appreciate,  develop  and  apply  them  to  practical  needs.  Those  that  are 
the  most  obvious  and  easily  developed  commonly  offer  the  greatest  com- 
petition and  the  lesser  emoluments.  Those  that  are  the  most  obscure 
and  difficult  frequently  return  the  greatest  rewards  for  the  intelligence 
and  devotion  which  their  successful  development  demands. 

To  see  the  opportunity,  to  develop  it  systematically,  to  apply  it  in- 
telligently, and  to  apprehend  from  its  conquest  a  well  earned  success, 
requires  keen  foresight,  an  appreciation  of  the  present  and  future  trend 
of  events,  and  both  general  and  special  knowledge  and  experience. 
There  is  scarcely  a  line  of  professional  work  in  which  radical  improve- 
ments are  not  both  desirable  and  possible.  New  conditions  are  con- 
stantly developing  that  old  practice  is  inadequate  to  satisfy.  New  lines 


Professional  Improvement  41 

and  new  specialties  are  in  constant  demand.  The  man  who  can  see 
these  needs  before  they  are  fully  recognized  and  offer  an  effective 
method  for  their  satisfactory  fulfillment,  will  usually  command  a  suit- 
able reward.  The  successful  solution  of  a  problem  or  the  completion 
of  a  well  considered  and  commendable  design  for  any  engineering  work 
should  not  limit  the  efforts  of  the  engineer  to  improve  his  methods  or 
designs  when  similar  problems  or  similar  works  are  under  considera- 
tion. There  are  scarcely  two  problems  of  the  same  kind  that  can  be 
solved  to  the  greatest  advantage  in  entirely  the  same  manner.  Every 
problem  is  surrounded  by  its  individual  conditions  that  differ  to  a 
greater  or  lesser  extent  and  should  modify  any  plan  which  is  devised 
for  its  solution.  There  is  scarcely  a  plant  installed  or  a  building  or 
other  structure  erected  but  that  the  designer,  if  he  gives  it  careful  and 
thorough  consideration,  may  not  find  methods  of  betterment  if  he  were 
called  again  to  solve  the  same  problem.  This  being  the  case,  it  is  evi- 
dent that  each  new  problem  should  meet  with  a  more  intelligent  solu- 
tion ;  the  new  factors  that  are  present  should  modify  the  original  plans ; 
and  the  betterments  which  were  possible  in  the  first  construction  should 
here  be  adopted  to  advantage  and  probably  still  further  elaborated. 
There  is  nothing  stationary  in  nature,  and  the  individual  in  his  pro- 
fession or  business  relations  is  either  advancing  or  deteriorating.  As 
long  as  he  can  see  ways  and  means  by  which  his  work  can  be  improved, 
as  long  as  he  finds  it  necessary  and  desirable  to  study  and  investigate 
and  to  improve  his  knowledge,  his  ideals  and  their  practical  expression, 
so  long  is  the  engineer  growing  and  improving  and  his  value  is  increas- 
ing ;  but  as  soon  as  he  is  satsified  with  his  work  and  believes  no  further 
improvement  to  be  possible,  his  progress  has  ceased  and,  at  least  in 
comparison  with  the  normal  advancement  in  professional  work,  he  is 
losing  ground,  and  un1ess  he  acquires  an  entirely  different  attitude,  his 
usefulness  will  soon  be  a  thing  of  the  past. 

LITERATURE 

Personal  Power,  by  Keith  J.  Thomas.     Funk  &  Wagnalls  Co.,  New  York. 

*  The  Durable  Satisfactions  of  Life,  by  Charles  W.  Eliot. 

*  The  Necessity  for  Individual  Engineering  Libraries  and  for  Continuing 
Study  after  Graduation,  by  John  L.  Harrington. 

*  The  Educational  Value  of  the  Technical  Press  with  Special  Reference  to 
Engineering  News,  by  Harwood  Frost. 

*  Business  Training  for  the  Engineer,  by  Dr.  Alex  C.  Humphreys. 

*  The  Practical  Engineer,  by  Onward  Bates. 

*  Ambition,  by  Winder  E.  Goldsborough. 

*  Knowledge  and  Action,  by  Walter  C.  Kerr. 

*  The  Next  Step,  by  Walter  C.  Kerr. 


42  Success  in  Engineering 

*  Study  Men,  by  John  F.  Hayford. 

*  Success,  by  Dr.  M.  E.  Cooley. 

*  Some  of  the  Essentials  of  Success,  by  Dr.  Chas.  Sumner  Howe. 
Getting  the  Most  out  of  Business.     E.  St.  Elmo  Lewis.     The  Ronald 

Press  Co.,  New  York. 

Putnam's  Investment  Handbook.  Albert  W.  Atwood.  G.  P.  Putnam's 
Sons,  New  York. 

Bonds  and  Stocks.  The  Elements  of  Successful  Investing.  Roger  W. 
Babson.  Babson  Institute,  Inc.,  Wellesley  Hills,  Mass. 

Financial  Independence  at  Fifty.  Victor  de  Villiers.  The  Magazine  of 
Wall  Street,  New  York. 

Gold  Bricks  of  Speculation,  by  John  Hill,  Jr.  Lincoln  Book  Concern, 
Chicago. 


*  Addresses  to  Engineering  Students.     Edited  and  Published  by  Wad- 
dell  &  Harrington,  Kansas  City,  Missouri. 


CHAPTER  III. 
THE  ENGINEER  AT  WORK 

§  15.  Purposes  and  Results  of  Technical  Training. — It  is  not 

the  aim  of  professional  schools  to  turn  out  professional  men.  The 
limited  time  spent  in  the  technical  school  and  the  object  sought  do  not 
warrant  such  a  purpose.  The  object  of  professional  training  of  tech- 
nical men  has  already  been  considered  (see  Sec.  3)  and  the  necessity 
of  developing  judgment,  accuracy  and  speed  by  the  practical  applica- 
tion of  such  training  to  actual  work  has  also  been  discussed  (see  Sec. 
9).  It  is  evident  to  all  practicing  engineers  and  architects  that  the  sub- 
jects studied  in  the  schools  can  become  of  practical  value  to  the  pro- 
fessional man  only  through  their  actual  application  under  many  condi- 
tions and  in  many  places.  Practical  knowledge  may  be  developed  to  a 
considerable  extent  in  a  trade  school  for  its  field  is  limited  to  narrow 
lines,  but  in  a  professional  school  the  field  is  so  broad  that  the  oppor- 
tunities for  such  development  are  small  and  real  professional  knowledge 
must  be  gained  or  at  least  improved  largely  by  practical  experience.  If 
the  student  has  become  thoroughly  interested  in  the  profession  which 
he  has  chosen,  if  he  has  acquired  the  ability  to  apply  himself  to  work 
and  study,  if  he  has  attained  a  good  conception  of  the  manner  in  which 
and  the  source  from  which  professional  information  can  be  obtained, 
and  has  gained  at  least  limited  facilities  in  the  use  of  those  elementary 
features  of  practice  on  which  his  early  employment  will  probably  de- 
pend he  has  done  all  that  can  reasonably  be  expected  in  a  graduate  of 
a  technical  school.  He  has  not  become  a  professional  man,  but  he  has 
acquired  a  capacity  which  when  properly  exercised  wiill  assure  him  the 
professional  standing  which  his  abilities  and  opportunities  afford  when 
his  experience  and  practice  have  made  the  theoretical  knowledge  of  the 
school  the  actual  individual  knowledge  of  the  man.  In  practical  life, 
the  facts  of  importance  in  a  material  way  are  the  ends,  not  the  means. 
Except  as  an  aid  in  estimating  possible  knowledge  and  ability,  the  mat- 
ter of  education  and  experience  is  of  no  material1  importance  to  the  em- 
ployer. The  question  is :  Can  the  man  properly  fill  the  position  for 
which  he  applies  or  for  which  he  is  considered?  Both  education  and 
experience  are  valueless  in  practical  life  unless  they  can  be  intelligently 
applied  to  useful  ends. 


44  The  Engineer  at  Work 

There  can  be  no  exact  measure  of  the  factors  that  determine  indi- 
vidual usefulness  in  life.  Every  position  has  certain  definite  require- 
ments and  these  must  be  fulfilled.  For  calculations  a  man  must  have 
sufficient  mathematical  knowledge  for  his  purpose.  He  who  has  no 
such  knowledge  is  useless  for  such  work.  If  the  work  requires  the  ex- 
ercise of  judgment,  mathematical  knowledge  alone  is  useless ;  and  if 
fiduciary  relations  are  also  involved,  character  may  also  become  of 
equal  or  greater  importance.  The  characteristics  discussed  in  Sec. 
9  and  their  relative  percentages  of  importance,  seems  fairly  to  repre- 
sent a  somewhat  definite  ideal  of  professional  men  as  to  the  factors  es- 
sential to  engineering  success.  The  main  ends  of  present  day  pro- 
fessional education  emphasize  the  last  two,  although  most  educators 
recognize  the  relatively  greater  importance  of  the  first  four  which  are 
impressed  on  the  technical  student  only  incidentally  if  at  all  with  the 
various  subjects  taught.  To  what  extent  they  can  and  should  be  im- 
pressed on  the  student  is  an  open  question.  That  these  factors  must 
be  developed  to  the  extent  necessary  in  every  particular  case  cannot 
be  questioned. 

Few  technical  graduates  are  of  much  immediate  value  either  in  the 
office,  the  factory  or  the  field,  and  they  can  make  themselves  of  value 
only  by  the  acquisition  of  character,  judgment,  efficiency,  executive 
ability  and  the  practical  ability  to  apply  their  technical  knowledge  to  the 
extent  necessary  or  their  individual  needs  by  actual  experience  in  such 
technical  work. 

The  young  graduate  is  usually  incompetent  except  in  minor  posi- 
tions ;  he  commonly  overrates  his  capacity  and  seldom  recognizes  his 
own  inexperience  and  incompetency  to  fill  positions  of  responsibility 
and  trust.  His  education  gives  him  the  opportunity  to  secure  subor- 
dinate employment  and  to  acquire  and  demonstrate  his  ability  to  fill 
satisfactorily  higher  positions  which  may  be  open  to  him.  Intelligent 
observation,  close  application  and  hard  study  will  fit  him  for  higher 
positions  and  better  things.  He  frequently  fails  to  recognize  the 
chances  for  betterment  afforded  him  by  the  minor  positions  which  he 
first  secures,  and  his  failure  to  advance  is  often  largely  due  to  his  dis- 
satisfaction in  his  subordinate  position  and  his  personal  failure  to  take 
advantage  of  the  immediate  opportunities  offered  to  acquire  practical 
knowledge  and  experience  and  thereby  make  himself  available  for  ad- 
vancement. 

§  16.  The  Man  and  the  Job. — To  secure  the  most  economical 
and  satisfactory  results,  both  for  the  job  and  for  the  man,  it  is  desir- 
able that  the  man  best  fitted  for  each  place  should  secure  the  position, 


The  Man  and  the  Job  45 

whatever  its  importance.  This  would  accomplish  the  best  that  the 
proper  exercise  of  the  necessary  ability  can  secure  and  would  permit 
the  development  of  the  individual  ability  to  its  maximum. 

In  practical  life  such  desirable  results  can  only  be  approximated. 
Positions  and  men  are  often  widely  separated  and  consequently  the 
man  and  the  very  best  position  for  which  he  is  suited  may  seldom  come 
in  contact.  The  problem  on  the  one  hand  is  to  secure  the  best  available 
man  for  a  given  position,  and  on  the  other  hand  for  a  man  to  secure  a 
position  in  which  his  services  will  be  satisfactory  and  which  will  give 
him  the  greatest  returns  not  only  in  income  but  in  personal  satisfac- 
tion. As  engineering  positions  are  often  widely  scattered  and  often  far 
from  the  centers  of  technical  education,  some  methods  of  intercom- 
munication become  necessary.  A  young  man  through  his  own  connec- 
tions or  acquaintances  is  frequently  in  touch  with  possible  openings  for 
technical  work.  In  prosperous  years  there  are  so  many  applications  to 
technical  institutions  for  men  to  fill  subordinate  positions  that  the  first 
position  is  readily  secured,  and  a  letter  of  recommendation  when  a 
vacancy  occurs  is  often  all  that  is  necessary.  In  dull  years  the  diffi- 
culty of  securing  an  immediate  opportunity  for  technical  work  is  much 
greater  for  then  new  men  are  not  in  great  demand.  Civil  service  ex- 
aminations for  national,  state  and  municipal  positions  are  sometimes 
open  to  the  technical  graduate.  Letters  of  inquiry  to  companies  and 
individuals  in  charge  of  engineering  work  will  occasionally  lead  to  op- 
portunities for  employment,  but  as  a  general  rule  an  employer  desires 
either  a  personal  recommendation  from  some  one  with  whom  he  is 
acquainted  either  personally  or  by  reputation,  or  a  personal  interview 
with  the  man  who  seeks  employment. 

Letters  of  application  or  personal  interviews,  if  apparently  promis- 
ing, should  be  followed  up  within  a  few  weeks,  otherwise  it  will  usually 
be  assumed  that  a  position  has  been  secured  and  the  application  will  be 
ignored. 

Letters  of  recommendation  from  teachers  or  former  employers 
will  often  be  of  advantage,  the  former  for  securing  opportunities  for 
minor  positions  and  the  latter  for  more  advanced  work.  Usually  only 
copies  of  such  letters  should  be  sent  as  in  many  cases  they  will  not  be 
returned.  For  higher  positions,  personal  references  are  often  of 
greater  value  than  letters  of  recommendation.  The  letter  of  recom- 
mendation is  always  favorable  or  it  would  not  be  presented.  The  letter 
written  direct  is  likely  to  give  a  more  correct  and  complete  statement  of 
the  character  and  ability  of  the  applicant.  Where  teachers  or  former 
employers  are  to  be  used  as  references,  where  they  have  not  been 


46  The  Engineer  at  Work 

familiar  with  the  engineer's  work  for  some  years,  it  is  desirable  to 
communicate  with  them,  giving  a  resume  of  the  activities  on  which  the 
individual  has  been  employed  in  the  intervening  time. 

A  reference  to  a  teacher  or  employer  who  has  heard  nothing  of 
the  applicant  for  five  or  ten  years  is  not  apt  to  be  satisfactory.  It  is 
only  proper  courtesy  to  secure  the  personal  consent  of  those  to  whom 
it  is  desired  to  refer,  but  if  acquaintance  warrants  reference  without 
such  permission,  the  fact  of  such  reference  should  be  immediate1y  con- 
veyed to  the  party  to  whom  reference  is  niade. 

The  various  engineering  societies  make  some  attempt  to  bring  into 
communication  employees  desiring  work  and  employers  needing  help. 
This  useful  function  of  the  technical  society  should  be  much  further 
developed. 

Advertising  for  a  position  may  prove  of  value  where  a  man  has 
acquired  considerable  special  experience  or  developed  in  some  special 
line.  In  such  cases  an  advertisement  may  attract  the  attention  of  those 
who  may  be  in  need  of  the  particular  service  in  question.  Employment 
agencies  also  offer  a  means  of  communication  between  employees  and 
employers.  When  these  are  considered,  their  standing  should  be  in- 
vestigated and  they  should  be  used  with  caution. 

For  higher  positions,  favorable  and  wide  acquaintance,  a  clean 
record  and  a  good  personal  and  professional  reputation  based  on  satis- 
factory service,  experience  and  ability,  are  the  principal  factors.  These 
must  be  acquired  by  suitable  effort  and  the  more  widely  they  become 
known  the  better  capital  they  become  for  the  future. 

§  17.  Influence. — The  value  of  the  influence  of  family,  friends 
and  acquaintances  should  not  be  underestimated,  but  it  is  equally  im- 
portant that  it  should  not  be  overrated.  Influence  frequently  brings 
opportunity,  but  character,  energy  and  ability  are  essential  to  success- 
fully improve  the  opportunities  when  offered.  The  position  that  is  not 
only  acquired  by  influence  but  is  retained  by  pull  instead  of  by  push 
is  a  serious  detriment  to  the  individual  unfortunate  enough  to  employ 
such  means.  The  retention  of  a  position  by  influence  dwarfs  char- 
acter, undermines  ability,  weakens  conscience  and  destroys  initiative 
and  personal  reputation. 

The  cultivation  of  friends  and  acquaintances,  both  social  and  pro- 
fessional, may  result  in  valuable  assistance  when  needed,  if  the  char- 
acter, ability  and  experience  of  the  individual  warrant  its  exercise.  The 
seeking  of  friends  for  a  purely  utilitarian  purpose  should  not  be  con- 
sidered, for  such  aim  will  surely  defeat  itself.  True  friendship  must 
be  based  on  reciprocal  esteem,  respect  and  personal  regard,  founded  on 
both  character  and  ability. 


The  First  Job  47 

§  18.  The  First  Job. — As  a  first  position  an  "easy  job"  is  dis- 
astrous and  leads  to  habits  of  indolence  and  inefficiency.  The  first 
work  should  be  hard  and  exacting  so  that  strenuous  effort  and  con- 
centration may  become  a  habit,  for  such  habits  develop  men. 

A  subordinate  position  with  an  organization  of  greater  or  less 
magnitude,  either  in  the  office,  the  factory  or  the  field,  is  the  first  op- 
portunity for  active  service  that  usually  comes  to  the  young  engineer. 
Such  a  position  is  seldom  important  in  a  relative  sense  but  is  most 
important  to  the  individual  for  it  is  his  first  step  in  practical  life,  his 
first  chance  to  "make  good."  How  will  he  meet  the  demands  of  the 
situation?  His  future  largely  depends  on  his  fitness  to  fulfill  the  re- 
quirements of  the  position.  If  he  is  interested  in  his  work,  is  able,  ac- 
curate, conscientious,  dependable  and  loyal,  he  has  begun  the  establish- 
ment of  a  reputation  which  will  ultimately  lead  to  success.  These  quali- 
ties will  be  recognized  and  his  advancement  is  certain  when  opportunities 
occur.  Such  advancement  will  follow  for  it  is  demanded  by  the  per- 
sonal interest  of  the  employer,  as  men  with  marked  characteristics  such 
as  described  are  not  to  be  lost  if  their  services  are  needed  and  can  be 
retained  on  a  reasonable  basis.  If  he  is  interested  only  in  his  pay 
check,  if  he  is  careless  in  his  work,  heedless  of  instruction,  inaccurate, 
inattentive,  late  in  arriving  and  early  in  leaving  his  work,  these  facts 
will  ailso  be  noted,  his  prospects  for  advancement  will  be  hopeless  and 
he  should  seek  other  fields  where,  if  he  can  eliminate  these  defects  in 
his  character,  opportunities  for  betterment  may  occur.  Many  young 
men  fail  to  appreciate  the  vital  necessity  of  properly  fulfilling  subor- 
dinate functions  or  the  real  importance  of  such  functions. 

Each  unit  is  an  essential  part  of  the  whole.  The  spire  of  the 
cathedral  is  conspicuous  and  is  seen  from  afar,  but  every  pile  in  the 
foundation  is  important,  and  the  spire  cannot  stand  without  it.  So  the 
labor  of  the  artisan,  the  mechanic  and  the  subordinate  is  as  necessary 
for  the  success  of  the  structure  as  is  that  of  the  engineer,  the  architect 
or  the  builder  and  yet  no  individual  is  absolutely  essential.  If  one  falls 
out  another  will  take  his  place,  and  the  vacancy  from  the  lowest  to  the 
highest  is  soon  filled. 

Every  man  should  recognize  with  both  pride  and  humility  his  own 
importance  and  his  own  insignificance.  If  he  does  his  duty  to  his  best 
ability  he  is  an  essential  feature  in  the  endeavor  of  which  he  is  a  part. 
If  he  fails,  he  causes  only  a  momentary  disturbance,  and  his  disap- 
pearance is  only  of  brief  interest  except  to  himself  and  to  those  who 
are  dependent  upon  him  or  especially  interested  in  him. 


48  The  Engineer  at  Work 

§  19.  Improving  Opportunities. — Many  young  men  after  se- 
curing technical  work  soon  become  discontented  with  their  prospects 
and  feel  that  they  have  not  obtained  the  position  for  which  their  educa- 
tion has  fitted  them.  They  fail  to  make  a  proper  use  of  their  oppor- 
tunities and  soon  seek  a  change  in  employment  with  the  hope  of  find- 
ing the  position  for  which  they  are  best  fitted.  They  fail  to  recognize 
the  necessity  of  so  shaping  their  personal  efforts  and  improving  their 
knowledge  and  training  that  their  abilities  will  fit  the  conditions  which 
opportunities  offer.  A  desire  for  personal  betterment  is  entirely. com- 
mendable but  it  should  be  exercised  so  as  not  to  embarrass  those  who 
have  already  given  employment.  If  employment  is  accepted  it  entails  a 
conscientious  exercise  of  the  ability  of  the  employee,  due  diligence  and 
loyalty,  and  a  change  should  be  made  only  when  it  can  be  made  with- 
out undue  embarrassment  to  the  organization  in  which  employment  has 
already  been  secured.  In  most  offices  a  notice  of  two  weeks  or  more 
is  given  when  an  employee  is  to  be  laid  off,  unless  he  is  discharged  for 
palpable  and  reprehensible  personal  errors  of  commission  or  omission. 
The  employee  should  give  no  less  notice  of  his  intention  to  leave  the 
place  he  has  accepted. 

When  a  man  has  accepted  a  position,  it  is  a  duty  he  owes  both  to 
himself  and  to  his  employer  to  do  his  best  to  fill  the  position  in  the 
most  acceptable  manner  and  to  develop  all  there  is  in  it  and  in  him. 
Even  if  the  line  of  service  be  regarded  as  temporary  and  he  desires  to 
finally  concentrate  his  efforts  in  other  lines,  the  self  control  and  self 
restraint  exercised  to  conquer  a  difficult  or  uninteresting  subject,  the 
abilities  applied  and  the  practical  knowledge  gained  by  conscientious 
study  and  effort  will  strengthen  his  character,  increase  his  ability,  en- 
large his  experience  and  make  him  a  broader,  better  and  more  useful 
man  in  whatever  field  of  endeavor  he  may  ultimately  be  employed. 

The  man  who  withholds  his  best  efforts  with  the  hope  of  expend- 
ing them  ultimately  only  in  the  field  of  his  chosen  work,  so  dwarfs 
himself  as  to  render  doubtful  any  great  success  in  any  line.  Probably 
not  one-ha1f  of  the  men  who  graduate  from  technical  courses  ulti- 
mately enter  the  exact  line  of  work  which  they  have  in  mind  in  their 
college  days.  Conscientious  and  continuous  effort  in  every  posi- 
tion which  they  may  occupy  after  leaving  college  will  often  develop 
their  capabilities  and  make  evident  their  fitness  for  other  lines  which 
in  the  long  run  prove  more  interesting,  more  remunerative  and  more 
satisfactory  from  every  point  of  view.  The  satisfactory  fulfillment  of 
the  first  work  begins  to  give  the  young  man  a  real  knowledge  of  his 
own  needs,  his  aptitude  and  defects.  His  aptitude  must  be  developed, 


Improving  Opportunities  49 

his  errors  eliminated.  The  establishment  of  a  reputation  for  good  or 
for  ill  is  at  once  begun.  Upon  the  degree  of  his  success  and  opportuni- 
ties at  hand  will  depend  his  advancement.  In  general,  he  should  retain 
his  position  until  a  promotion  is  secured  or  until  he  has  developed  him- 
self and  this  position  to  their  reasonable  limits.  When  there  are  no  op- 
portunities within  the  organization,  he  should  seek  another  and  better 
position,  leaving  his  work  only  after  due  notice.  The  young  are  nat- 
urally impatient  at  delay  and  expect  rapid  preferment.  They  often 
fail  to  see  the  opportunities  which  are  the  most  obvious  and  make  early 
changes  in  employment,  to  their  ultimate  disadvantage.  A  new  posi- 
tion should  offer  some  immediate  and  important  advantage  or  some 
tangible  opportunities,  otherwise  a  change  is  undesirable,  for  the  or- 
ganization in  which  a  man  has  served  has  the  best  knowledge  and  will 
undoubtedly  advance  him  when  the  opportunity  offers  because  such  ad- 
vancement is  obviously  to  the  logical  advantage  of  all  concerned. 

§  20.  Selecting  Employment. — While  in  many  cases  oppor- 
tunities for  employment  are  so  limited  that  little  choice  is  afforded  the 
young  engineer  in  the  selection  of  employment,  yet  in  the  long  run  he 
may  exert  considerable  control  over  such  selection  if  he  makes  careful 
preparation  for  his  future  work.  It  is  evident  in  most  cases  that  the 
future  rather  than  the  immediate  present  should  be  the  objective  of  the 
young  engineer.  The  line  he  desires  to  follow  should  be  based  so  far 
as  possible  on  his  personal  preference  and  on  his  personal  fitness,  apti- 
tudes and  abilities.  The  greatest  success  will  usually  come  with  that 
line  in  the  pursuit  of  which  he  experiences  the  greatest  satisfaction  and 
in  which  he  can  exercise  to  the  greatest  degree  his  native  abilities  and 
talents  and  his  acquired  knowledge  and  experience.  That  man  is  for- 
tunate who  finds  his  professional  or  business  life  laid  down  on  the  lines 
he  would  most  gladly  follow  and  who  in  consequence  is  most  thoroughly 
interested  in  the  work  he  is  called  upon  to  do.  It  is  evident  therefore 
that  immediate  salary  is  of  secondary  consideration  but  that  employ- 
ment should  be  sought  in  those  lines  and  in  those  places  where  both 
opportunities  occur  and  conditions  give  promise  of  ultimate  preferment 
in  the  lines  of  the  chosen  work.  Financial  embarassment  may  oc- 
casionally make  a  different  course  essential,  and  in  such  cases  the  em- 
ployee should  endeavor  to  instill  into  his  work  the  enthusiasm  and  in- 
terest required  for  his  success.  Continuous  effort  to  this  end  will  nor- 
mally create  conditions  of  satisfaction  quite  equal  to  those  which  would 
result  if  he  were  able  to  pursue  the  line  to  which  his  early  inclinations 
led. 

§  21.  Salary. — The  amount  of  salary  to  be  received  from  a 
given  position  is  naturally  a  matter  of  interest  and  frequently  receives 


50  The  Engineer  at  .Work 

greater  consideration  than  its  importance  warrants.  To  the  young 
technical  graduate  the  matters  of  experience  and  opportunity  are  com- 
monly of  much  greater  importance.  If  a  young  man  is  underpaid,  he 
is  apt  to  secure  opportunities  for  a  more  extended  experience  than 
where  his  compensation  is  excessive,  as  for  example  in  the  apprentice's 
position  in  some  of  the  large  manufactories  where  opportunities  are 
given  to  a  technical  graduate  for  a  broad  acquaintance  with  the  ma- 
chinery designed  and  constructed  through  a  great  variety  of  work  on 
the  testing  and  erecting  floors. 

If  the  salary  received  is  more  than  should  ordinarily  be  expected 
in  a  given  position,  it  commonly  means  either  that  the  work  is  tem- 
porary or  that  the  man  has  found  a  niche  into  which  he  fits  by  unusual 
aptitude  and  in  which  he  is  likely  to  remain  without  the  opportunity  of 
acquiring  a  broader  and  more  extended  experience.  If  the  salary  is 
large,  the  services  must  be  utilized  to  the  greatest  advantage  in  order 
to  make  them  profitable,  which  commonly  means  that  he  will  be  kept 
on  the  one  particular  class  of  work  in  which  he  is  especially  proficient. 

Almost  every  position  affords  opportunities  for  experience  and  for 
study.  Employment  will  not  be  furnished  for  long  unless  such  em- 
p1oyment  is  profitable  to  those  who  furnish  it.  Advancement  will  not 
come  until  the  individual  has  shown  his  dependability  and  his  capacity 
for  greater  things ;  and  such  capacity  must  be  exhibited  before  and  not 
after  the  advancement  is  secured.  There  are  few  cases  where  ability, 
capacity  and  dependability  are  not  recognized,  and  advancement  comes 
when  opportunities  offer  with  few  exceptions  and  as  a  matter  of  course 
when  these  qualities  are  demonstrated.  Few  employers  will  permit  em- 
ployees who  have  demonstrated  their  fitness  for  a  position,  to  leave  their 
service  or  advance  strangers  in  preference.  The  employer  for  his  own 
interests  prefers  those  whose  honesty,  integrity  and  ability  he  knows,  and 
he  will  seldom  look  elsewhere  to  fill  an  important  position  unless  he  is 
satisfied  that  such  course  is  necessary  in  order  to  secure  the  desired  re- 
sults. 

§  22.  Change  vs.  Continuity  of  Service. — Formerly  it  was  con- 
sidered desirable  for  the  young  engineer  to  remain  in  one  position  only 
long  enough  to  thoroughly  familiarize  himself  with  the  work,  and  then 
to  seek  other  positions  where  his  practical  experience  might  be  consid- 
erably extended. 

At  the  present  time  when  hundreds  of  young  engineers  are  gradu- 
ated from  our  technical  schools  each  season,  it  would  seem  undesirable 
for  any  young  man  to  drop  a  position  which  gave  fair  promise  of  ulti- 
mate betterment  in  order  to  accumulate  a  variety  of  experience  which 


Continuity  of  Service  51 

after  all  may  be  of  little  service  in  his  professional  career.  It  would 
seem  by  far  the  better  way  for  the  man  to  master  thoroughly  every 
detail  of  his  business  and  to  retain  his  position  if  it  gives  reasonable 
promise  of  ultimate  betterment  rather  than  to  become  a  wanderer  from 
job  to  job  with  each  position  more  difficult  to. secure  as  his  age  in- 
creases. 

Each  man  must  however  be  the  architect  of  his  own  fate.  The 
man  who  through  lack  of  initiative  accepts  a  permanent  subordinate  po- 
sition when  he  might  better  himself  by  a  proper  change,  is  perhaps 
more  or  less  unfortunate;  but  if  he  accepts  his  lot  with  contentment 
and  is  able  to  satisfy  reasonably  well  his  needs  and  ideals,  he  must  be 
regarded  as  reasonably  successful;  while  the  ambitious  man  who  fre- 
quently changes  from  place  to  place  in  the  hopes  of  U1timately  rinding 
the  position  which  best  fits  his  peculiar  tastes,  aptitudes  and  personal 
ambitions,  may  remain  unsatisfied  and  unsettled  through  life  and  in  his 
advanced  years  be  forced  into  unsatisfactory  employment  because  the 
position  he  desires  is  filled  by  a  younger  man.  Constant  change  in  po- 
sition is  often  evidence  of  weakness  in  ability,  temperament  or  charac- 
ter, though  it  sometimes  is  the  result  of  lack  of  opportunity. 

During  seasons  of  hard  times  or  panic,  when  public  work  has 
largely  ceased  and  no  new  investments  and  establishments  are  prac- 
ticable in  the  railroad  and  public  utilities  fields  or  in  the  mines  and  fac- 
tories, thousands  of  engineers  lose  their  positions  and  find  nothing  in 
their  professional  line  open  for  them  at  any  price.  They  must  en- 
deavor to  find  work  in  other  fields  which  are  perhaps  similarly  inactive, 
or  await  the  resumption  of  business  in  better  times.  During  such  times, 
the  advantage  of  having  secured  a  position  in  a  permanent  organiza- 
tion, and  having  made  the  value  of  the  services  almost  indispensable, 
is  evident. 

§  23.  The  Relative  Values  of  Various  Classes  of  Employment. 

The  relative  values  to  the  technical  man  of  various  classes  of  profes- 
sional employment  must  depend  large'y  on  the  personal  inclination  and 
point  of  view.  Architecture  and  many  special  forms  of  technical  work 
are  definite  and  after  selection  require  no  further  comment.  The  en- 
gineering student  who  has  not  specialized  may  perhaps  be  benefited  by 
a  brief  discussion  of  various  lines  of  work  in  which  opportunities  for 
employment  may  occur. 

When  the  education  of  the  student  is  general,  the  opportunities  for 
employment  are  co-extensive  with  the  whole  engineering  field.  Out- 
side of  the  field  which  permits  the  application  of,  personal  aptitude,  it 
makes  little  difference  in  what  line  of  employment  he  begins,  as  all  work 


52  The  Engineer  at  Work 

furnishes  desirable  experience.  At  the  end  of  a  series  of  years  he  has 
acquired  knowledge  and  skill  in  certain  definite  work,  and  his  chances 
for  the  profitable  sale  of  his  services  are  limited  to  a  much  narrower 
field. 

Many  engineering  students  have  the  wrong  point  of  view  in  re- 
gard to  the  best  opportunities  for  ultimate  professional  advancement. 
It  has  already  been  noted  (see  Sec.  12)  that  the  field  engineer  is  the 
ideal  of  most  engineering  students.  It  is  worthy  of  note  that  the 
office  almost  without  exception  controls  the  field  and  that  many  men 
who  have  had  long  experience  in  the  field  fail  of  further  advancement 
for  the  lack  of  knowledge  and  experience  in  office  work.  Experience 
in  field  work  usually  leads  to  parallel  advancement.  The  time  keeper, 
the  store  keeper,  and  the  inspector  become  the  foreman,  the  superin- 
tendent and  the  resident  engineer.  Good  office  work  leads  to  advance- 
ment in  the  office.  The  able  draftsman  becomes  the  designer,  the  as- 
sistant engineer,  and  with  experience,  the  chief.  Surveying  and  field 
work  in  many  countries  can  be  done  to  advantage  only  at  certain  periods. 
Drafting  usually  offers  more  steady  employment  and  has  the  advantage 
of  placing  the  employee  near  the  responsible  head  of  the  organization. 

Different  classes  of  employment  offer  varying  advantages.  Con- 
struction work  is  often  temporary  unless  with  a  permanent  organiza- 
tion. Unfortunately,  many  engineering  positions  have  no  future.  The 
work  is  more  or  less  temporary  and  in  dull  times  and  seasons  the  em- 
ployment ceases  and  the  employee  must  look  for  new  fields.  In  this 
way  he  may,  and  frequently  does,  pass  from  one  job  to  another,  hold- 
ing each  position  until  the  work  is  accomplished,  and  never  becoming 
settled  or  a  permanent  part  of  any  engineering  organization. 

Engineering  employment  may  often  lead  to  business  opportunities. 
The  young  man  with  capacity  who,  after  he  has  acquired  the  experi- 
ence which  can  be  obtained  in  engineering  positions  connected  with 
great  industries,  has  the  foresight  and  the  energy  to  drop  out  of  line  of 
promotion  which  may  be  of  only  limited  opportunities,  and  to  take  a 
position  through  which  he  will  acquire  a  knowledge  of  operation,  main- 
tenance and  general  business  management,  will  frequency  be  rewarded 
by  placing  himself  in  line  for  greater  business  opportunities  than  are 
possible  if  he  confines  his  efforts  to  the  purely  engineering  phases  of 
the  work.  Public  service  corporations  offer  many  opportunities  for 
ultimate  advancement.  Employment  with  such  corporations  may  fre- 
quently result  in  permanent  positions,  and  a  qualified  man  will  advance 
slowly  but  surely  and  may  ultimately  reach  the  highest  position  which 
such  corporations  have  to  offer. 


Classes  of  Employment  53 

It  is  exceedingly  desirable  for  the  engineer  to  become  at  an  early 
date  a  part  of  a  permanent  organization  in  a  line  which  he  will  be  con- 
tent to  follow  as  a  permanent  life  work.  If  a  change  into  another  line 
is  desirable,  it  should  be  made  at  an  early  date;  delay  greatly  compli- 
cates the  situation.  If  he  withdraws  from  one  line  of  work  and  enters 
another  after  considerable  advancement  has  been  attained,  it  must 
usually  at  the  expense  of  salary,  for  he  will  not  have  the  value  in 
any  other  line  without  acquired  experience. 

Foreign  service  is  subject  to  the  same  disadvantage  and  should  be 
regarded  as  a  permanent  life  work,  or  abandoned  early  for  work  at 
home.  Work  in  a  foreign  country  involves  a  loss  of  touch  with  home 
conditions  and  professional  acquaintance,  and  a  change  after  some 
years  abroad  often  results  in  the  necessity  of  accepting  a  subordinate 
position  at  a  greatly  reduced  salary. 

Employment  in  the  government  service  has  certain  advantages  and 
certain  disadvantages.  Compensation  in  the  minor  positions  is  usually 
equal  to  or  greater  than  that  which  can  be  secured  in  private  work,  but 
the  higher  positions  are  not  so  well  paid.  On  the  other  hand,  those  who 
reach  advanced  positions  and  display  reasonable  ability  are  assured  of 
permanent  positions.  Instructional  work  in  technical  institutions  is 
subject  to  the  same  comments.  Such  positions  offer  many  opportuni- 
ties for  development  but  they  do  not  demand  the  constant  exercise  of 
energy  and  the  continuous  effort  which  are  common  to  commercial 

oy 

work.  If  the  individual  lacks  initiative  and  force,  the  opportunities 
for  retaining  the  positions  with  a  minimum  of  effort  are  conspicuous, 
and  inclination  in  that  direction  will  soon  unfit  the!  individual  for  any 
important  positions  in  commercial  work.  Whatever  the  work  of  the 
engineer  may  be  his  aim  should  be  to  do  the  work  at  hand  properly  to 
study  and  to  improve.  Advancement,  where  opportunities  offer,  will 
take  care  of  itself  if  the  young  engineer  by  his  acquisition  of  knowledge 
and  skill  is  ready  for  promotion. 

§  24.  Private  Practice. — The  great  majority  of  engineering 
positions  are  salaried  positions.  Probably  less  than  ten  per  cent,  of 
the  engineering  profession  is  engaged  in  what  is  termed  "private  prac- 
tice." In  such  work  the  compensation  is  generally  based  on  either  a 
per  diem  basis  or  on  a  percentage  of  the  cost  of  the  work  which  is  un- 
dertaken. In  such  practice  the  engineer  usually  furnishes  all  the  as- 
sistants necessary  for  the  making  of  the  original  surveys,  the  designs 
and  plans,  and  for  supervising  the  construction,  and  occasionally  some" 
of  the  larger  organizations  of  this  kind  undertake  the  actual  construe-' 
tion  of  the  work  as  well. 


54  The  Engineer  at  Work 

For  success  in  private  practice,  at  least  on  the  larger  and  more  im- 
portant works,  extended  experience  on  a  great  variety  of  work  is  re- 
quired, for  in  general  the  work  of  a  private  office  cannot  be  devoted  to 
a  single  specialty,  although  it  is  usually  confined  to  certain  definite  re- 
lated lines. 

Occasiona1ly  a  young  man  just  out  of  college  with  only  a  few  years 
of  practice  behind  him  attempts  to  enter  private  practice.  If  such  work 
is  confined  to  simple  service  such  as  drafting,  surveying,  etc.,  in  which 
reasonable  experience  and  adaptness  have  been  attained,  such  a  ven- 
ture is  justifiable.  When  however  the  young  engineer  offers  to  the 
public  inadequate  experience,  unsound  judgment  and  insufficient  skill 
for  the  proper  performance  of  the  work  he  desires  to  undertake,  his 
attempt  is  unjustifiable  and  immoral.  The  sale  of  skill  and  knowledge 
which  are  not  possessed  is  fraud,  and  although  such  a  business  may  be 
conducted  in  such  a  manner  as  to  escape  the  legal  liabilities  involved  by 
misrepresentation,  the  moral  sense  is  sacrificed  with  resulting  perma- 
nent injury  to  the  professional  success  of  him  who  pursues  such  a 
course.  Most  attempts  of  this  kind  result  in  the  failures  which  are 
rightly  their  due.  If  sufficient  work  is  secured  to  pay  expenses,  it  must 
usually  be  secured  at -a  price  too  low  for  the  class  of  services  which 
should  be  rendered.  Without  broad  experience  proper  services  cannot 
be  rendered,  and  on  account  of  the  low  price  received  for  his  work, 
he  is  often  unable  to  furnish  even  the  best  services  of  which  he  is  cap- 
ab1e.  The  results  are  unfortunate.  He  leaves  behind  him  a  record  of 
work  inadequately  conceived  and  improperly  done.  He  has  mortgaged 
his  future  for  an  opportunity  for  an  early  professional  preferment  for 
which  he  was  unprepared  and  he  can  never  become  more  than  of  minor 
grade  in  his  professional  work. 

§  25.  Duties  to  Subordinates. — While  much  has  been  said  of 
the  duties  of  the  employee  in  the  performance  of  his  work,  such  duties 
are  by  no  means  reduced  when  he  reaches  a  position  where  others  are 
subject  to  his  direction  and  supervision.  As  previously  stated  (Sec.  3), 
with  professional  advancement  higher  obligations  are  assumed  and  such 
obligations  should  be  exercised  not  only  toward  the  client  or  superior, 
but  toward  the  subordinate  as  well.  The  engineer  should  advise  and 
assist  his  subordinates  and  give  them  every  reasonable  encouragement 
and  incentive  to  excel  in  their  work.  Criticism  and  reproof  where  nec- 
essary should  be  administered  kindlv  and  with  the  idea  of  improvement, 
and  praise  and  commendat:on  shou'M  be  offered  for  initiative,  skill  and 
accuracy.  Jealousy  of  subordinates  and  the  conseauent  failure  to  ad- 
vise and  assist  them  or  to  give  them  suitable  credit  for  valuable  ideas 
or  suggestions  is  the  sign  of  limited  ability  or  an  ungenerous  disposition, 


Duties  to  Subordinates  55 

The  promotion  of  subordinates  should  be  made  on  the  basis  of  actual 
merit  and  not  on  the  basis  of  capricious  preference.  If  the  superior  is 
employing  his  subordinates  for  others,  he  is  especially  bound  to  con- 
sider intrinsic  worth  instead  of  personal  preferment. 

In  dealing  with  artisans  and  workmen  a  similar  course  of  action 
is  desirable.  Nothing  is  gained  and  much  is  lost  by  harshness,  conceit, 
and  overbearing  conduct.  A  feeling  of  injustice  and  resentment  is 
seriously  detrimental  to  the  esprit  de  corps  of  any  engineering  force  in 
the  office  or  the  field,  and  every  force  is  bound  to  exhibit  to  a  consider- 
able degree  the  spirit  displayed  by  those  in  authority. 

§  26.  Duties  to  Clients. — The  relations  of  the  engineer  to  his 
clients  are  fiduciary  in  nature  and  therefore  involve,  both  legally  and 
morally,  obligations  which  must  be  exercised  even  at  the  sacrifice  of 
personal  interests.  The  client  must  place  his  trust  in  the  personal  hon- 
esty, business  integrity  and  professional  ability  of  his  engineer.  Fre- 
quently this  trust  involves  not  on1y  large  construction  cost  but  the  suc- 
cessful outcome  of  an  endeavor  of  great  importance.  The  client  is 
frequently  entirely  ignorant  of  the  technical  features  of  the  work  and 
is  only  interested  in  it  as  a  business  venture.  He  may  know  nothing  of 
the  hazards  or  contingencies  involved,  and  cannot  judge  of  the  relative 
values  and  costs  of  different  methods  of  development,  different  ma- 
terials and  machines  or  the  effects  of  the  same  on  the  ultimate  aims  to 
be  attained.  The  engineer  must  stand  between  his  client  and  all  ad- 
verse interests.  The  desire  of  the  contractor  to  cheapen  the  work  of 
construction,  the  desire  of  the  manufacturer  to  secure  the  sale  of  more 
or  less  suitable  machinery,  the  desire  of  the  promoter  to  finance  more 
or  less  questionable  ventures,  and  many  other  interests  must  be  care- 
fully scrutinized,  fairly  considered,  and  properly  adjusted. 

To  be  a  suitable  adviser  for  such  responsible  positions,  the  en- 
gineer's Ioya1ty  must  be  beyond  question ;  his  only  interest  must  be  that 
of  his  client  in  every  right  and  proper  way.  "No  man  can  serve  two 
masters  for  either  he  will  hate  the  one  and  love  the  other,  or  else  he 
will  hold  to  the  one  and  despise  the  other."  (  Matt.  6 124) .  This  prin- 
ciple has  been  recognized  as  essential  by  the  best  men  of  every  age  and 
nation  and  in  every  bus:ness  and  profession.  If  the  engineer  has  ad- 
verse interests  of  any  kind,  no  matter  how  innocent  they  may  appear, 
they  will  bias  his  judgment  and  he  will  do  less  than  his  duty.  It  is 
the  insidious  interest  which  has  no  apparent  relation  to  the  immediate 
work  of  engineer  :ng  rather  than  the  action  that  is  frankly  dishonest  that 
is  to  be  feared,  for  through  such  interests  the  first  serious  misstep 
may  be  taken. 


56  The  Engineer  at  Work 

It  is  not  believed  to  be  essential  to  discuss  here  the  necessity  of 
absolute  honesty  in  such  work;  personal  interests  with  contractors, 
profits  from  the  sale  of  materials,  commissions  from  manufacturers, 
collusion  with  promoters,  are  not  only  obviously  dishonorable  and  dis- 
honest, but  so  unquestionably  immoral  and  against  public  policy  that 
they  render  the  individual  amenable  to  the  law.  No  one  who  respects 
his  profession  or  who  hopes  for  professional  preferment  could  pos- 
sibly yield  to  such  gross  temptation. 

§  27.  Consultation. — Commonly  the  man  who  is  called  upon 
to  take  charge  of  an  important  endeavor  is  one  who  has  developed 
more  or  less  special  knowledge  and  ability  in  the  principal  field  which 
with  other  phases  constitutes  the  project.  When  a  young  engineer  has 
been  advanced  to  a  position  of  responsibility  and  authority  on  a  project 
of  this  nature  he  often  feels  that  the  importance  of  his  position  de- 
mands an  exhibition  of  learning  and  ability  that  is  often  entirely  be- 
yond his  capacity.  Nevertheless  he  is  frequently  impelled  to  attempt 
professional  ventures  quite  beyond  his  experience  rather  than  to  ac- 
knowledge that  even  his  abilities  have  their  natural  limitation.  In 
this  manner  young  men  of  undoubted  ability  frequently  attempt  pro- 
fessional work  of  a  special  nature  for  which  they  are  in  no  way  quali- 
fied, and  risk  the  success  of  their  employer's  interests  in  a  manner  that 
is  unjust  and  unwarranted.  While  such  attempts  are  usually  attended 
with  more  or  less  success,  they  usually  fail  to  accomplish  the  results 
that  might  be  attained  by  such  expert  service  and  wrongly  deprive  the 
client  of  the  very  best  results.  No  man  can  be  uniformly  expert  on  all 
branches  covered  by  many  projects,  and  it  is  the  sign  of  a  narrow  mind 
and  limited  ability  for  a  man  not  to  recognize  his  own  limitations  or  to 
fail  to  call  in  expert  aid  when  such  aid  can  be  used  to  advantage  in  his 
client's  service. 

§  28.  Duties  to  the  Profession. — Every  professional  man  is 
greatly  indebted  to  his  profession.  His  knowledge  and  usefulness  have 
been  greatly  augmented  by  the  labor  and  investigation,  the  successes 
and  the  failures  of  those  who  have  gone  before.  The  proceedings  of 
technical  societies,  the  articles  in -the  technical  press,  the  treatises  on 
technical  subjects  and  the  opportunities  of  technical  schools  all  afford 
the  engineer  occasion  to. enlarge  his  knowledge,  expand  his  experience, 
increase  his  usefulness  and  make  himself  of  greater  value  to  himself 
and  to  the  public.  The  high  ideals  and  the  dist'nguished  ability  that 
have  been  exercised  by  the  men  of  the  profession  in  the  past  bring  to  the 
professional  man  a  consideration  and  standing  which  he  could  not  oth- 
erwise enjoy.  It  is  self-evident  therefore  that  he  who  enjoys  the  mani- 


Duties  to  the  Profession  57 

fold  benefits  to  be  derived  from  the  lives  and  labors  of  those  who  are 
his  associates  or  have  preceded  him  in  his  profession,  is  morally  bound 
to  maintain  such  ideals  and  conserve  such  respect  by  the  exercise  of  his 
best  judgment  and  best  ability  and  by  a  high  conception  of  personal  re- 
sponsibility and  of  personal  honor,  and  by  a  corresponding  exercise  of 
such  ideals  in  his  professional  work. 

§  29.  The  Engineer  in  Business. — Engineering  training  af- 
fords a  suitable  foundation  not  only  for  professional  work  but  also  for 
various  other  occupations  and  vocations.  It  is  a  satisfactory  training 
for  the  subordinate  position  of  foremen,  superintendents,  salesmen  and 
preliminary  to  entering  the  field  of  contracting  for  the  construction  of 
engineering  work,  for  the  manufacture  of  machinery,  engineering  ma- 
terials and  supplies,  and  other  occupations  which  have  to  do  with  or  are 
intimately  related  to  engineering  work.  Almost  all  that  has  been  said 
of  other  activities  applies  to  these  and  to  any  other  lines  of  work  in 
which  the  engineer  may  engage,  whether  directly  or  indirectly  con- 
nected with  technical  affairs  or  in  fields  quite  foreign  to  such  matters. 
Honorable  and  conscientious  service,  intelligent  application,  consider- 
ate action  and  high  ideals  are  the  passports  to  high  standing,  public 
confidence  and  business  preferment. 

§  30.  The  Engineer  as  a  Citizen. — The  failure  of  engineers  as 
a  class  to  take  part  in  social  and  political  activities  is  largely  responsible 
for  the  lack  of  appreciation  of  the  public  at  large  for  the  engineering 
profession.  The  work  of  the  engineer  is  often  far  from  the  public  eye, 
in  the  office  and  in  the  field.  He  is  often  away  from  home  and  his 
mind  is  so  concentrated  on  his  work  and  oh  his  duties  that  he  is  apt  to 
avoid  the  public  and  is  often  almost  a  stranger  in  his  own  town  except 
among  his  personal  friends.  No  man  should  become  so  engrossed  in 
his  business  or  profession  that  he  forgets  or  neglects  his  duties  as  a 
citizen.  The  engineer  should  lend  his  aid  and  support  to  every  bene- 
ficial public  movement  and  should  be  especially  active  in  shaping  public 
opinion  and  securing  proper  legislative  action  along  those  lines  on 
which  he  is  especially  informed  through  his  professional  training  and 
activities.  In  many  matters  in  which  the  engineer  is  best  informed  the 
public  needs  advice  and  assistance.  Agitators  and  politicians  fre- 
quently encourage  for  their  own  ends  popu1ar  prejudice  for  or  against 
government  action  along  lines  with  which  the  engineer  is  familiar  or  of 
which,  through  his  training  in  the  analysis  of  conditions  and  the  deter- 
mination of  facts,  he  is  best  fitted  to  judge.  The  public  is  largely,  ig- 
norant of  the  true  principles  underlying  conservation,  inland  waterways, 
preparedness,  public  improvements,  sanitation,  municipal  ownership. 


58  The  Engineer  at  Work 

and  many  other  questions  with  which  the  engineer  is  or  may  easily  be- 
come familiar.  With  many  of  these  subjects,  unless  there  is  an  en- 
lightened public  opinion,  the  public  through  its  legislators  or  members 
of  congress,  is  liable  to  deal  unwisely  and  unjustly.  It  is  a  duty  of  the 
engineer  as  a  citizen  to  give  the  public  the  benefit  of  his  training  and 
practical  experience  in  these  various  matters  on  which  he  is  particularly 
able  to  render  valuable  service. 

Efficient  and  effective  service  in  such  matters  will  not  only  be  of 
benefit  to  the  public  but  will  be  of  great  value  to  the  individual  and  en- 
hance the  reputation  of  the  profession  in  the  minds  of  the  people. 

§  31.  Conduct  of  Professional  Practice. — The  conduct  of  the 
engineer  or  architect  in  the  practice  of  his  profession  should  be  gov- 
erned by  a  strict  regard  for  the  rights  of  others  and  an  appreciation  of 
the  duties,  he,  as  a  professional  man,  owes  to  all  with  whom  he  has  busi- 
ness relations.  The  American  Institute  of  Architects  offers  certain 
advice  relative  to  the  principles  of  professional  practice,  which  it 
recommends  to  its  members.1  In  most  respects  this  advice  is  directly 
applicable  to  engineering  practice  as  well.  While  these  principles  may 
not  seem  directly  applicable  to  the  conduct  of  the  young  engineer  in 
minor  professional  positions,  they  contain  the  basic  principles  on  which 
all  such  conduct  should  rest,  and  if  read  in  connection  with  the  codes 
of  ethics  which  follow,  will  furnish  the  necessary  information  for  the 
proper  course  of  individual  action  in  most  cases. 

The  American  Institute  of  Architects,  seeking  to  maintain  a 
high  standard  of  practice  and  conduct  on  the  part  of  its  members  as 
a  safeguard  of  the  important  financial,  technical  and  esthetic  inter- 
ests entrusted  to  them,  offers  the  fol1  owing  advice  relative  to  pro- 
fessional practice : 

The  profession  of  architecture  calls  for  men  of  the  highest  integrity, 
business  capacity  and  artistic  ability.  The  architect  is  entrusted  with  finan- 
cial undertakings  in  which  his  honesty  of  purpose  must  be  above  suspicion; 
he  acts  as  professional  adviser  to  his  client  and  his  advice  must  be  abso- 
lutely disinterested;  he  is  charged  with  the  exercise  of  judicial  functions 
as  between  client  and  contractors  and  must  act  with  entire  impartiality; 
he  has  moral  responsibilities  to  his  professional  associates  and  subordi 
nates;  finally,  he  is  engaged  in  a  profession  which  carries  with  it  grave 
responsibility  to  the  public.  These  duties  and  responsibilities  cannot  be  prop- 
erly discharged  unless  his  motives,  conduct  and  ability  are  such  as  to  com- 
mand respect  and  confidence. 

No  set  of  rules  can  be  framed  which  will  particularize  all  the  duties  of 
the  architect  in  his  various  relations  to  his  clients,  to  contractors,  to  his 


i  Reprinted  from  the  "Quarterly  Bulletin"  of  the  American  Institute  of 
Architects.  Adopted  by  the  Institute  at  the  Washington  convention,  Dec. 
14-16,  1909. 


Conduct  of  Professional  Practice  59 

professional  brethren,  and  to  the  public.  The  following  principles  should, 
however,  govern  the  conduct  of  members  of  the  profession  and  should  serve 
as  a  guide  in  circumstances  other  than  those  enumerated: 

1.  Architect's  Status. — The  architect's  relation  to  his  client  is  primarily 
that  of  professional  advisor;   this  relation  continues  throughout  the  entire 
course  of  his  service.     When,  however-,  a  contract  has  been  executed  between 
his  client  and  a  contractor  by  the  terms  of  which  the  architect  becomes  the 
official  interpreter  of  its  conditions  and  the  judge  of  its  performance,   an 
additional  relation  is  created  under  which  it  is  incumbent  upon  the  architect 
to  side  neither  with  client  nor  contractor,  but  to  use  his  powers  under  the 
contract  to  enforce  its  faithful  performance  by  both  parties.     The  fact  that 
the  architect's  payment  comes  from  the  client  does  not  invalidate  his  obli- 
gation to  act  with  impartiality  to  both  parties. 

2.  Preliminary  Drawings  and  Estimates. — The   architect  at  the  outset 
should  impress  upon  the  client   the  importance   of  sufficient  time  for  the 
preparation  of  drawings  and  specifications.     It  is  the  duty  of  the  architect 
to  make  or  secure  preliminary   estimates   when   requested,   but  he  should 
acquaint  the  client  with  their  conditional  character  and  inform  him  that 
complete  and  final  figures  can  be  had  only  from  complete  and  final  drawings 
and  specifications.     If  an  unconditional  limit  of  cost  be  imposed  before  such 
drawings  are  made  and  estimated,  the  architect  must  be  free  to  make  such 
adjustments  as  seem  to  him  necessary.     Since  the  architect  should  assume 
no  responsibility  that  may  prevent  him  from  giving  his  client  disinterested 
advice,  he   should   not,   by   bond   or   otherwise,   guarantee  any  estimate   or 
contract. 

3.  Superintendence  and  Expert  Services. — On  all  work  except  the  sim- 
plest, it  is  to  the  interest  of  the  owner  to  employ  a  superintendent  or  clerk- 
of-the-works.     In    many    engineering   problems    and    in    certain    specialized 
esthetic  problems,  it  is  to  his  interest  to  have  the  services  of  special  experts 
and  the  architect  should  so  advise  him.      The  experience  and  special  knowl- 
edge of  the  architect  make  it  to  the  advantage  of  the  owner  that  these  per- 
sons, although  paid  by  the  owner,  should  be  selected  by  the  architect  under 
whose  direction  they  are  to  work. 

4.  The  Architect's  Charges. — The  Schedule  of  Charges  of  the  American 
Institute   of  Architects   is   recognized   as   a   proper   minimum   of   payment. 
The  locality  or  the  nature  of  the  work,  the  quality  of  services  to  be  rendered, 
the  skill   of  the   practitioner  or   other   circumstances   frequently   justify   a 
higher  charge  than  that  indicated  by  the  schedule. 

5.  Payment  for  Expert  Service. — The  architect  when  retained  as  an  ex- 
pert, whether  in  connection  with  competitions  or  otherwise,  should  receive 
a   compensation    proportionate   to   the   responsibility    and   difficulty   of   the 
service.      No  duty  of  the  architect  is  more  exacting  than  such  service,  and 
the  honor  of  the  profession  is  involved  in  it.      Under  no  circumstances  should 
experts  knowingly  name  prices  in  competition  with  each  other. 

6.  Selection  of  Bidders  or  Contractors. — The  architect  should  advise  the 
client  in  the  selection  of  bidders  and  in  the  award  of  the  contract.     In  ad- 
vising that  none  but  trustworthy  bidders  be  invited  and  that  the  award  be 
made  only  to  contractors  who  are  reliable  and  competent,  the  architect  pro- 
tects the  interests  of  his  client.  • 


60  The  Engineer  at  Work 

7.  Duties  of  the   Contractor. — As  the  architect  decides  whether  or  not 
the  intent  of  his  plans  and  specifications  is  properly  carried  out,  he  should 
take  special  care  to  see  that  these  drawings  and  specifications  are  complete 
and  accurate,  and  he  should  never  call  upon  the>  contractor  to  make  good 
oversights  or  errors  in  them  nor  attempt  to  shirk  responsibility  by  indefinite 
clauses  in  the  contract  or  specifications. 

8.  Engaging  in  the  Building  Trades. — The  architect  should  not  directly 
or  indirectly  engage  in  any  of  the  building  trades.     If  he  has  any  financial 
interest  in  any  building  material  or  device,  he  should  not  specify  or  use  it 
without  the  knowledge  and  approval  of  his  client. 

9.  Accepting  Commissions  or  Favors. — The  architect  should  not  receive 
any  commission  or  any  substantial  service  from  a  contractor  or  from  any 
interested  person  other  than  his  client. 

10.  Encouraging    Good    Workmanship. — The    large    powers    with    which 
the  architect  is  invested  should  be  used  with  judgment.     While  he  must  con- 
demn bad  work,  he  should  commend   good  work.     Intelligent  initiative  on 
the  part  of  craftsmen  and  workmen  should  be  recognized  and  encouraged 
and  the  architect  should  make  evident  his  appreciation  of  the  dignity  of  the 
artisan's  function. 

11.  Offering  Services  Gratuitously. — The  seeking  out  of  a  possible  client 
and  the  offering  to  him  of  professional  service  on  approval  and  without  com- 
pensation, unless  warranted  by  personal  or  previous  business  relations,  tends 
to  lower  the  dignity  and  standing  of  the  profession  and  is  to  be  condemned. 

12.  On  Advertising. — Publicity  of  the  standards,  aims  and  progress  of 
the  profession,  both  in  general  and  as  exemplified  by  individual  achieve- 
ment, is  essential.     Advertising-  of  the  individual,  meaning  self-laudatory 
publicity  procured  by  the  person  advertised  or  with  his  consent,  tends  to 
defeat  its  own  ends  as  to  the  individual  as  well  as  to  lower  the  dignity  of 
the  profession,  and  is  to  be  deplored. 

13.  On  Signing  Buildings  and  Use  of  Titles. — The  unobtrusive  signa- 
ture of  buildings  after  completion  is  desirable. 

The  placing  of  the  architect's  name  on.  a  building  during  construction 
serves  a  legitimate  purpose  for  public  information,  but  is  to  be  deplored  if 
done  obtrusively  for  individual  publicity. 

The  use  of  initials  designating  membership  in  the  Institute  is  desir- 
able in  all  professional  relationships,  in  order  to  promote  a  general  under- 
standing of  the  Institute  and  its  standard  through  a  knowledge  of  its 
members  and  their  professional  activities. 

14.  On  Competitions. — An  architect   should  not  take  part  in  a   com- 
petition as  a  competitor  or  juror  unless  the  competition  is  to  be  conducted 
according  to  the  best  practice  and  usage  of  the  profession,  as  evidenced 
by  its  having  received  the  approval  of  the  Institute,  nor  should  he  con- 
tinue to  act  as  professional  adviser  after  it  has  been  determined  that  the 
program  cannot  be  so  drawn  as  to  receive  such  approval.     When  an  archi- 
tect has  been  authorized  to  submit  sketches  for  a  given  project,  no  other 
architect  should  submit  sketches  for  it  until  the  owner  has  taken  definite 
action  on  the  first  sketches,  since,  as  far  as  the  second  architect  is  con- 
cerned, a  competition  is  thus  established.     Except  as  an  authorized  com- 
petitor, an  architect  may  not  attempt  to  secure  work  for  which  a  com- 
petition has  been  instituted.     He  may  not  attempt  to  influence  the  award 


Conduct  of  Professional  Practice  61 

in  a  competition  in  which  he  has  submitted  drawings.  He  may  not  accept 
the  commission  to  do  the  work  for  which  a  competition  has  been  instituted 
if  he  has  acted  in  an  advisory  capacity  either  in  drawing  the  program  or 
in  making  the  award. 

15.  Injuring  Others. — An  architect  should  not  falsely  or  maliciously  in- 
jure directly  or  indirectly,  the  professional  reputation,  prospects  or  business 
of  a  fellow  architect. 

16.  Undertaking  the  Work  of  Others. — An  architect  should  not  under- 
take a  commission  while  the  claim  for  compensation  or  damages,  or  both, 
of  an  architect  previously  employed  and  whose  employment  has  been  ter- 
minated remains  unsatisfied,  unless  such  claim  has  been  referred  to  arbi- 
tration or  issue  has  been  joined  at  law;   or  unless  the  architect  previously 
employed  neglects  to  press  his  claim  legally;  nor  should  he  attempt  to  sup- 
plant a   fellow  architect   after   definite  steps   have  been  taken   toward   his 
employment. 

17.  Duties  to  Students  and  Draftsmen. — The  architect  should  advise  and 
assist  those  who  intend  making  architecture  their  career.     If  the  beginner 
must  get  his  training  solely  in  the  office  of  an  architect,  the  latter  should 
assist  him  to  the  best  of  his  ability  by  instruction  and  advice.    An  architect 
should  urge  his  draftsmen  to  avail  themselves  of  educational  opportunities. 
He  should,  as  far  as  practicable,  give  encouragement  to  all  worthy  agencies 
and   institutions  for  architectural   education.    While  a   thorough   technical 
preparation  is  essential  for  the  practice  of  architecture,  architects  cannot 
possibly  insist  too  strongly  that  it  should  rest  upon  a  broad  foundation  of 
general  culture. 

18.  Duties    to    the   Public   and   to   Building   Authorities. — An    architect 
should  be  mindful  of  the  public  welfare  and  should  participate  in  those  move- 
ments for  public  betterment  in  which  his  special  training  and  experience 
qualify  him  to  act.     He  should  not,  even  under  his  client's  instructions,  en 
gage  in  or  encourage  any  practices  contrary  to  law  or  hostile  to  the  public 
interest;  for  as  he  is  not  obliged  to  accept  a  given  piece  of  work,  he  cannot, 
by  urging  that  he  has  but  followed  his  client's  instructions,  escape  the  con- 
demnation attaching  to  his  acts.     An  architect  should  support  all  public  offi- 
cials who  have  charge  of  building  in  the  rightful  performance  of  their  legal 
duties.     He  should  carefully  comply  with  all  building  laws  and  regulations, 
and  if  any  such  appear  to  him  unwise  or  unfair,  he  should  endeavor  to  have 
them  altered. 

19.  Professional  Qualifications. — The  public  has  the  right  to  expect  that 
he  who  bears  the  title  of  architect  has  the  knowledge  and  ability  needed  for 
the  proper  invention,  illustration  and  supervision  of  all  building  operations 
which  he  may  undertake.     Such  qualifications  alone  justify  the  assumption  of 
the  title  of  architect. 

LITERATURE 

Industrial  Leadership,  by  H.  L.  Gault.      Yale  University  Press,  New  Haven. 
Trade  Morals,  by  E.  D.  Page.     Yale  University  Press,  New  Haven. 
Morals  in  Modern  Business.     Yale  University  Press,  New  Haven. 
Everyday  Ethics.    Yale  University  Press,  New  Haven. 
Ethics  in  Service,  by  W.  H.  Taft.     Yale  University  Press,  New  Haven. 
Analyzing  Character,  by  Blackford  and  Newcomb.     Review  of  Reviews  Co., 
New  York. 


62  The  Engineer  at  Work 


The  Job,  the  Man,  the  Boss,  by  Blackford  and  Newcomb.  Review  of  Re- 
views Co.,  New  York. 

The  Engineer  and  the  Social  Problems.  Discussion  of  the  duty  of  the  en- 
gineer to  society.  Presidential  address  to  American  Society  of  Civil  Engi- 
neers, June,  1913,  by  George  F.  Swain.  Can.  Eng.  Vol.  24,  p.  918  and  Vol.  25, 
p.  119. 

Present  Day  Tendencies  and  Problems  and  the  Relation  of  the  Engineer 
to  them.  Abstract  of  address  by  George  F.  Swain.  Eng.  Rec.  Vol.  67,  p.  722. 
See  also  Eng.  News,  Vol.  69,  p.  1346. 

The  Engineer  in  Public  Service.  Abstract  of  Address  to  Class  of  Case 
A"  School  by  F.  H.  Newell.  Eng.  News,  Vol.  68,  p.  153. 

The  Relation  of  the  Engineer  to  Life.  Address  to  Western  Society  of  En- 
gineers, Jan.  11,  1911  by  John  W.  Alvord. 

The  Relation  of  Engineering  to  Economics.  Discussion  of  the  effects  en- 
gineering had  had  upon  the  economic  conditions  by  William  Kent.  Eng. 
News,  Vol.  34,  p.  156. 

Deficiency  in  Personality  Responsible  for  Engineers  Failure  to  Receive 
Recognition.  Address  by  Prof.  G.  F.  Swain  before  American  Institute  of 
Electrical  Engineers.  Compares  qualities  for  leadership  of  engineers  and  law- 
yers. Eng.  Rec.  Vol.  71,  p.  261. 

Relations  between  Customer,  Consulting  Engineer  and  Electrical  Manu- 
facturer. Abstract  of  paper  before  New  York  Electrical  Society.  Discusses 
duty  and  usefulness  of  Engineer.  S.  Dana  Greene.  Eng.  News,  Vol.  39,  p.  45. 

Relation  of  the  Consulting  Engineer  to  the  Operating  Engineer.  Dis- 
cusses desirability  of  harmony  between  them.  F.  W.  Rose.  Eng.  Rec.  Vol. 
67,  p.  497. 

The  Consulting  Engineer  and  the  Municipal  Engineer.  Qualifications  nec- 
essary for  good  engineer  and  duties  of  each  class.  H.  C.  H.  Shenton.  Con. 
Eng.  Vol.  25,  p.  249. 

Some  .Public  Relations  of  the  Engineer.  Opportunities  for  the  engineer 
in  social  service.  M.  JN.  Baker.  Eng.  News,  Vol.  65,  p.  346. 

The  Commercial  side  of  Engineering.  Discusses  development  of  efficient 
methods.  W.  M.  McFarland.  Cassiers  Mag.  Jan.  1904. 

The  Commercial  Aspect  of  Engineering.  Discussion  of  business  side  of 
engineering,  salesmanship,  etc.  Chas.  A.  S.  Hewlett.  Jour.  W.  S.  E.  Feb. 
1905. 

The  Engineer  in  Civic  Affairs.  Editorial.  Elect.  Rev.  &  West.  Elect. 
Vol.  61,  p.  195. 

The  Relations  of  Engineers  and  Contractors.  Discussion  of  some  condi- 
tions which  produce  hardships.  Address  before  First  American  Road  Con- 
gress. By  Capt.  D.  L.  Hough.  Eng.  Rec.  Vol.  64,  p.  644. 

The  Engineer  in  Business.  Desirability  of  honesty  and  economy  in  the 
engineering  work.  Editorial.  Eng.  Rec.  Vol.  54,  p.  536. 

The  Engineer  as  a  Citizen.  Discussion  of  engineering  education  and  the 
duties  of  the  engineer  as  a  citizen.  Address  by  President  Alex.  C.  Humphreys 
at  the  University  of  Pennsylvania.  Eng.  Rec.  Vol.  54,  p.  465. 

Ethical  Relation  between  the  Draftsman  and  the  Mechanical  Engineer. 
Discusses  some  questions  of  ethics  to  be  observed  in  subordinate  position. 
F.  R.  Hutton.  Eng.  News,  Vol.  69,  p.  71. 


CHAPTER  IV 
PERSONAL  AND  ETHICAL  RELATIONS 

§  32.  Limitations  of  Positive  Law. — The  necessity  of  a  guide  to 
human  conduct  has  been  recognized  in  every  age  and  by  every  people. 
With  primitive  people,  might  made  right,  and  force  was  the  basis  of 
the  settlement  of  disputes  until  this  became  recognized  as  an  unsatis- 
factory and  a  needlessly  expensive  method  for  the  adjustment  of  social 
relations.  Even  today  in  international  relations,  the  law  of  might  is 
frequently  exercised  and  such  exercise  is  a  sad  commentary  on  our 
present  so-called  civilization.  The  necessity  for  satisfactory,  estab- 
lished social  and  business  relations  resulted  in  the  establishment  of 
positive  law  which,  while  it  has  grown,  developed  and  improved,  still 
leaves  much  to  be  desired. 

While  positive  law  fixes  certain  social  and  business  obligations  be- 
tween individuals,  and  provides  a  method  by  which  further  obligations 
can  be  established  by  agreement,  yet  even  where  an  attempt  is  made  in 
a  contract  to  specify  in  the  greatest  detail  the  limitations  of  such  obli- 
gations, there  are  many  points  of  contact  in  both  social  and  business 
intercourse  over  which  no  successful  legal  control  can  be  established. 

Positive  law  is  an  attempt  to  crystalize  the  ideas  and  convictions 
of  the  citizens  of  a  country  as  to  those  obligations  and  that  conduct 
which,  established  by  custom,  usage  and  experience,  seem  to  afford 
the  greatest  degree  of  justice  and  equity  under  average  conditions  in 
the  relationship  of  man  to  man.  Such  laws  fall  so  far  short  of  accom- 
plishing their  object  that  courts  of  equity  have  been  established  to  miti- 
gate and  supplement  the  law  in  cases  where  strict  legal  relief  is  im- 
practicable. 

Laws  were  originally  enacted  with  the  object  of  protecting  par- 
ticularly the  established  rights  of  the  ruling  class,  and  were  modified 
to  benefit  the  more  unfortunate  only  as  revolution  or  change  in  the 
moral  and  ethical  view  of  the  people  required.  Even  today  undue 
weight  is  frequently  given  to  vested  and  property  right,  to  the  detri- 
ment of  the  unfortunate.  While  the  observance  of  legal  rights  is  highly 
important,  stiH  a  society  in  which  none  but  legal  rights  are  recognized 
would  constitute  a  most  unhappy  community. 


64  Personal  and  Ethical  Relations 

§  33.  Ethics. — While  the  law  defines  the  privileges  of  the  individ- 
ual in  the  larger  matters  of  life,  it  does  not  always  assure  equity  and 
justice  even  in  those  matters,  and  is  a  guide  to  a  limited  extent  only  in 
the  every  day  relations  of  man  to  man.  The  individual  conduct  in 
those  manifold  intimate  relations  which  are  not  governed  by  legal  en- 
actments has  more  to  do  with  character  and  success  than  the  observa- 
tion of  mere  legal  requirements.  (It  is  not  sufficient  that  the  law  be  ob- 
served, for  a  man  may  live  strictly  within  the  law  and  be  most  unde- 
sirable as  a  citizen,  friend  or  neighbor.^ 

To  the  honorable  business  or  professional  man,  the  question  of  a 
legal  right  in  regard  to  a  course  of  conduct  is  of  secondary  importance 
to  the  ethical  right,  and  he  will  not  exercise  legal  rights  which  are  not 
also  morally  sound.  As  has  already  been  pointed  out,  the  law  only  ap- 
proximates justice  and  equity,  and  frequently  in  its  application  falls 
far  short  of  the  object.  Then  again,  the  exercise  of  a  legal  right  some- 
times involves  legal  action,  which  in  turn  requires  an  expenditure  of 
time  and  money  often  unwarranted  by  the  results  which  may  be  at- 
tained ;  so  the  legal  right,  while  equitable,  may  not  be  enforced  on  ac- 
count of  the  trouble  involved.  Unfortunately  there  are  men  who  are 
willing  to  take  advantage  of  all  laws  favorable  to  themselves  even 
though  entirely  unjust,  and  to  take  advantage  of  the  unwillingness  of 
others  to  sustain  their  rights  in  court  and  to  trespass  on  those  legal 
rights  so  far  as  can  safely  be  done. 

Moral  and  ethical  principles  undoubtedly  began  to  develop  prior 
to  the  establishments  of  even  the  most  primitive  forms  of  positive  law 
and  have  grown  and  developed  concomitant  with  the  development  of 
the  law.  Mankind  has  long  recognized  the  imperfections  in  positive 
law  and  has  attempted  to  control  through  religion  and  moral  associa- 
tions and  societies  and  through  established  public  opinion,  those  human 
actions  which  need  control  for  the  general  and  individual  good  but 
which  positive  law  has  failed  to  effect.  In  general  every  country  has  a 
certain  moral  or  ethical  standard  which  may  be  regarded  as  established 
by  custom  and  common  approval.  Such  standards  are  more  or  less  im- 
perfect. True  ethical  principles  are  not  a  matter  of  custom  but  are 
well  understood  and  have  been  recognized  by  the  best  men  in  all  ages 
and  in  all  walks  of  life.  The  ethical  code  established  by  custom 
changes  with  the  development  of  society  and  can  reach  perfection  only 
when  society  develops  morally  far  beyond  its  present  condition. 

The  net  practical  results  of  the  ethical  development  of  any  nation 
must  be  adjudged  by  the  existing  conditions.  Social  conditions  which 
will  permit  of  so  much  crime  and  poverty  as  now  exist  in  every  coun- 


Ethics  65 

try,  are  not  ideal  and  these  conditions  which  now  obtain  are  undoubt- 
edly largely  due  to  the  unethical  legal  and  social  organization  of'  so- 
ciety and  to  ignorance  of  how  best  to  accomplish  the  desired  results, 
and  unwillingness  to  waive  personal  advantage  in  favor  of  moral  obli- 
gations. In  every  society  there  are  individuals  who  fail  to  recognize, 
or  at  least  to  exercise,  even  those  ethical  and  moral  obligations  which 
are  regarded  as  well  founded  by  the  society  in  which  they  live,  and 
who  undoubtedly  accomplish  certain  desired  results  and  derive  certain 
profits  and  apparent  advantages  by  such  disregard.  Humanity  is  weak, 
and  few  individuals  who  have  lived  active  lives  in  constant  contact 
with  their  fellow  men,  have  always  observed  those  ethical  obligations 
which  they  in  their  conscience  recognize  as  morally  just  and  equitable. 

§  34.  Formation  of  Individual  Principles. — It  is  essential  that 
every  individual  who  is  to  take  part  in  business  or  professional  life 
should  adopt  or  form  individual  principles  of  action  for  guidance  in 
his  relations  to  others  with  whom  he  must  necessarily  come  in  contact, 
for  without  such  principles  he  will  not  be  able  to  act  promptly  and  he 
will  be  uncertain  in  his  relation  to  men,  and  often  be  led  into  embar- 
rassing positions  with  possible  loss  of  his  self-respect  and  reputation. 
The  principles  to  be  adopted  should  be  sound  and,  at  least  until  sub- 
stantiated by  personal  experience,  should  be  based  on  the  consensus  of 
opinion  of  those  men  to  whom  the  individual  looks  with  confidence 
and  respect.  Without  such  principles  mistakes  are  certain  and  the 
individual  may  be  led  into  a  course  of  action  which  will  seriously  affect 
his  future. 

The  first  step  in  unethical  conduct  is  often  inadvertent  and  is  made 
through  ignorance.  Conditions  often  render  further  departure  ap- 
parently expedient  or  necessary.  The  moral  ideals  become  blunted,  and 
ethical  principles  are  ignored  because  of  the  unethical  attitude  of  asso- 
ciates and  competitors,  with  the  thought  or  expression  that  "If  we  go 
to  Rome  we  must  do  as  the  Romans,"  or  "If  we  do  not  do  this  some 
one  else  will."  On  such  false  ideas  the  downward  path  begins ;  and 
ends  where? 

There  can  be  no  question  that  as  a  basis  of  a  successful  life,  and 
entirely  apart  from  moral  and  religious  ideals,  "Honesty  is  the  best 
policy."  Even  those  who  have  occasion  to  use  the  services  of  a  dishon- 
est person  cast  him  aside  when  his  immediate  use  is  over,  well  knowing 
that  he  who  will  sell  himself  once  may  do  so  a  second  time,  and  to  the 
detriment  of  his  first  employer.  The  material  profit  which  may  tem- 
porarily accrue  from  unethical  conduct  so  dwarfs  the  intellects  of  those 


66  Personal  and  Ethical  Relations 

who  yield  to  its  temptation  that  it  is  bound  ta  lead  to  moral  and  pro- 
fessional ruin. 

It  is  therefore  essential  in  business  and  in  professional  life  that 
the  individual  be  honest,  preferably  from  an  ethical  and  moral  stand- 
point, but  if  not  from  this  point  of  view,  then  certainly  from  the  stand- 
point of  policy. 

At  the  best,  life  is  brief,  and  true  usefulness  and  happiness  should 
be  its  aim,  and  while  the  engineer  or  other  professional  or  business 
man  may  acquire  comparatively  little  wealth,  he  can  and  should  own 
himself,  and  his  dearest  possession  should  be  a  spotless  reputation. 
Honesty  and  integrity  lead  to  dependability.  No  amount  of  knowledge 
or  work  can  take  the  place  of  these  attributes.  The  man  who  can  be 
depended  upon  is  ever  in  demand,  and  if  he  has  also  acquired  a  high 
degree  of  knowledge  and  experience  and  an  appetite  for  hard  work,  his 
true  success,  barring  accidents,  is  assured. 

§  35-  Specifications  for  a  Man.* — 

"To  respect  my  country,  my  profession,  and  myself.  To  be  honest  and 
fair  with  my  fellow  men  as  I  expect  them  to  be  with  me.  To  be  a  loyal 
citizen  of  the  United  States.  To  speak  of  it  with  praise  and  act  always  as  a 
trustworthy  custodian  of  its  good  name.  To  be  a  man  whose  name  carries 
prestige  with  it  wherever  it  goes. 

"To  base  my  expectations  of  a  reward  on  a  solid  foundation  of  service 
rendered.  To  be  willing  to  pay  the  price  of  success  in  honest  effort.  To 
look  upon  my  work  as  an  opportunity  to  be  seized  with  joy  and  to  be  made 
the  most  of,  not  as  a  painful  drudgery  to  be  reluctantly  endured. 

"To  remember  that  success  lies  within  my  own  self  and  in  my  own 
brain,  my  own  ambition  and  my  own  courage  and  determination.  To  expect 
difficulties  and  force  my  way  through  them.  To  turn  hard  experience  into 
capital  for  future  struggles. 

"To  believe  in  my  profession  heart  and  soul.  To  carry  an  air  of  op- 
timism in  the  presence  of  those  I  meet.  To  dispel  all  temper  with  cheerful- 
ness, kill  doubts  with  strong  conviction,  and  reduce  action  with  an  agree- 
able personality. 

"To  make  a  study  of  my  business.  To  know  my  profession  in  every 
detail.  To  mix  brains  with  effort  and  system  in  my  work.  To  find  time  to 
do  every  needful  thing  by  not  letting  time  find  me  doing  nothing.  To  hoard 
days  as  a  miser  does  dollars.  To  make  every  hour  bring  me  dividends  in 
increased  knowledge  and  healthful  recreation.  To  keep  my  future  unen- 
cumbered with  debts.  To  save  as  well  as  to  earn. 

"To  cut  out  expensive  amusements  until  I  can  afford  them.  To  steer 
clear  of  dissipation  and  guard  my  health  of  body  and  peace  of  mind  as  a 
most  precious  stock  in  trade. 


*  Found  among  the  papers  of  Thomas  J.  Van  Alystyne,  a  ^"idduate  of  the 
Electrical  Engineering  department  of  Cornell  University  after  his  death 
which  occurred  on  the  job. — Cornell  Civil  Engineer,  Vol.  23,  p.  154. 


Code  of  Ethics  67 

"Finally  to  take  a  good  grip  on  the  joys  of  life.  To  play  the  game  like 
a  man.  To  fight  against  nothing  as  hard  as  my  own  weakness  and  endeavor 
to  give  it  strength.  To  be  a  gentleman  and  a  Christian  so  I  may  be  courteous 
to  man,  faithful  to  friends,  and  true  to  God." 

§  36.  Code  of  Ethics. — Within  the  last  ten  years  (1916)  the  dis- 
cussions of  professional  ethics  have  crystalized  into  the  various  codes 
of  ethics  which  have  been  adopted  by  many  technical  societies.  These 
codes  do  not  presume  to  define  all  of  the  duties  and  obligations  of  the 
individual  toward  life,  but  express  as  far  and  as  clearly  as  practicable 
the  principles  which  should  govern  the  professional  relations  of  the  en- 
gineer or  architect  to  his  client  or  employer,  to  other  professional  men, 
and  to  the  public.  While  in  general  these  codes  are  intended  to  apply 
to  the  conduct  of  the  professional  man  in  independent  practice,  they 
also  afford  valuable  suggestions  to  the  young  engineer  or  architect  as  to 
his  personal  course  of  conduct. 

They  are  an  expression  of  ideas  which  every  man  should  thought- 
fully consider. 

These  codes  are  however,  rules  which  cover  only  a  few  features  of 
professional  conduct  and  entirely  ignore  the  more  important  and  more 
personal  relations.  They  do  not  cover  the  field  of  ethics  and  a  profes- 
sional man  who  follows  them  implicify  may  depart  in  many  ways  from 
a  proper  ethical  standard  in  his  personal  life. 

The  man  of  experience  and  of  high  ideals  who  desires  to  live  a  life 
of  usefulness  and  honor  needs  no  formal  code  of  ethics  to  guide  his  per- 
sona! or  professional  conduct. 

§  37.  The  Canons  of  Ethics  of  the  American  Institute  of  Archi- 
tects.—  The  following  canons  are  adopted  by  the  American  Institute  of 
Architects  as  a  general  guide,  yet  the  enumeration  of  particular  du- 
ties should  not  be  construed  as  a  denial  of  the  existence  of  others 
equally  important  although  not  specifically  mentioned.  It  should 
a1so  be  noted  that  the  several  sections  indicate  offenses  of  greatly 
varying  degrees  of  gravity. 

It  is  unprofessional  for  an  architect — 

1.  To  engage  directly  or  indirectly  in  any  of  the  building  trades. 

2.  To  guarantee  an  estimate  or  contract  by  bond  or  otherwise. 

3.  To  accept  any  commission  or  substantial  service  from  a  contractor  or 
from  any  interested  party  other  than  the  owner. 

4.  To  take  part  in  any  competition  which  has  not  received  the  approval 
of  the  Institute  or  to  continue  to  act  as  professional  adviser  after  it  has 
been  determined  that  the  program  cannot  be  so  drawn  as  to  receive  such 
approval. 

5.  To  attempt  in  any  way,  except  as  a  duly  authorized  competitor,  to 
secure  work  for  which  a  competition  is  in  progress. 


68  Personal  and  Ethical  Relations 

6.  To  attempt  to  influence,  either  directly  or  indirectly,  the  award  of  a 
competition  in  which  he  is  a  competitor. 

7.  To  accept  the  commission  to  do  the  work  for  which  a  competition  has 
been  instituted  if  he  has  acted  in  an  advisory  capacity,  either  in  drawing 
the  program  or  in  making  the  award. 

8.  To  injure  falsely  or  maliciously,  directly  or  indirectly,  the  profes- 
sional reputation,  prospects  or  business  of  a  fellow  architect. 

9.  To  undertake  a  commission  while  the  claim,  for  compensation  or 
damages,  or  both,  of  an  architect  previously  emDloyed  and  whose  employ- 
ment has  been   terminated  remains  unsatisfied,  until  such  claim  has  been 
referred  to  arbitration  or  issue  has  been  joined  at  law,  or  unless  the  archi- 
tect previously  employed  neglects  to  press  his  claim  legally. 

10.  To  attempt  to  supplant  a  fellow  architect  after  definite  steps  have 
been   taken   toward  his   employment,  e.   g.,  by  submitting  sketches  for  a 
project  for  which  another  architect  has  been  authorized  to  submit  sketches. 

11.  To  compete  knowingly  with  a  fellow  architect  for  employment  on 
the  basis  of  professional  charges. 

§  38.  Code  of  Professional  Ethics  of  The  American  Institute  of 
Consulting  Engineers.2 — It  shall  be  considered  unprofessional  and 
inconsistent  with  honorable  and  dignified  bearing  for  any  member 
of  The  American  Institute  of  Consulting  Engineers : 

1.  To  act  for  his  clients  in  professional  matters  otherwise  than   in   a 
strictly  fiduciary  manner  or  to  accept  any  other  remuneration  than  his  direct 
charges  for  services  rendered  his  clients,  except  as  provided  in  Clause  4. 

2.  To  accept  any  trade  commissions,  discounts,  allowances,  or  any  indi- 
rect profit  or  consideration  in  connection  with  any  work  which  he  is  engaged 
to  design  or  to  superintend,  or  in  connection  with  any  professional  business 
which  may  be  entrusted  to  him. 

3.  To  neglect  informing  his  clients  of  any  business  connections,  interests 
or  circumstances  which  may  be  deemed  as  influencing  his  judgment  or  the 
quality  of  his  services  to  his  clients. 

4.  To  receive,  directly,  or  indirectly,  any  royalty,  gratuity,  or  commission 
on  any  patented  or  protected  article  or  process  used  in  work  upon  which  he 
is  retained  by  his  clients,  unless  and  until  receipt  of  such  royalty,  gratuity 
or  commission  has  been  authorized7  in  writing  by  his  clients. 

5.  To    offer   commissions   or    otherwise    improperly   solicit    professional 
work  either  directly  or  by  an  agent. 

6.  To  attempt  to  injure  falsely  or  maliciously,  directly  or  indirectly,  the 
professional  reputation,  prospects  or  business  of  a  fellow  engineer. 

7.  To  accept  employment  by  a  client  while  the  claim  for  compensation 
or  damages,  or  both,  of  a  fellow  engineer  previously  employed  by  the  same 
client  and  whose  employment  has  been  terminated,  remains  unsatisfied  or 
until  such  claim  has  been  referred  to  arbitration  or  issue  has  been  joined  at 
law  or  unless  the  engineer  previously  employed  has  neglected  to  press  his 
claim  legally. 

8.  To  attempt  to  supplant  a  fellow  engineer  after  definite  steps  have 
been  taken  toward  his  employment. 


2  Authorized  by  the  council,  June  23,  1911. 


Code  of  Ethics  69 

9.  To  compete  with  a  fellow  engineer  for  employment  on  the  basis  of 
professional  charges  by  reducing  his  usual  charges  and  attempting  to  under- 
bid after  being  informed  of  the  charges  named  by  his  competitor. 

10.  To  accept  any  engagement  to  review  the  work  of  a  fellow  engineer 
for  the  same  client,  except  with  the  knowledge  or  consent  of  such  engineer 
or  unless  the  connection  of  such  engineer  with  the  work  has  been  terminated. 

§  39.  Code  of  Principles  of  Professional  Conduct  of  The  Amer- 
ican Institute  of  Electrical  Engineers.3 — While  the  following  prin- 
ciples express  generally  the  engineer's  relations  to  client,  employer, 
the  public,  and  the  engineering  fraternity,  it  is  not  presumed  that 
they  define  all  of  the  engineer's  duties  and  obligations. 

(A)  GENERAL  PRINCIPLES. 

1.  In  all  of  his  relations  the  engineer  should  be  guided  by  the  highest 
principles  of  honor. 

2.  It  is  the  duty  of  the  engineer  to  satisfy  himself  to  the  best  of  his 
ability  that  the  enterprises  with  which  he  becomes  identified  are  of  legitimate 
character.     If  after  becoming  associated  with  an  enterprise  he  finds  it  to  be 
of  questionable  character,  he  should  sever  his  connection  with  it  as  soon  as 
practicable. 

(B)  THE  ENGINEER'S  RELATIONS  TO  CLIENT  OR  EMPLOYER! 

3.  The   engineer  should   consider   the   protection   of  a   client's  or  em- 
ployer's interests  his  first  professional  obligation,  and,  therefore,  should  avoid 
every  act  contrary  to  this  duty.     If  any  other  considerations,  such  as  profes- 
sional obligations  or  restrictions,  interfere  with  his  meeting  the  legitimate 
expectation  of  a  client  or  employer,  the  engineer  should  inform  him  of  the 
situation. 

4.  An    engineer    cannot    honorably    accept   compensation,   financial    or 
otherwise,  from  more  than  one  interested  party,  without  the  consent  of  all 
parties.     The  engineer,  whether  consulting,  designing,  installing  or  operating, 
must  not  accept  commissions,  directly  or  indirectly,   from  parties   dealing 
with  his  client  or  employer. 

5.  An  engineer  called  upon  to  decide  the  use  of  inventions,  apparatus, 
or  anything  in  which  he  has  a  financial  interest,  should  make  his  status  in 
the  matter  clearly  understood  before  engagement. 

6.  An  engineer  in  independent  practice  may  be  employed  by  more  than 
one  party,  when  the  interests  of  the  several  parties  do  not  conflict;  and  it 
should  be  understood  that  he  is  not  expected  to  devote  his  entire  time  to  the 
work  of  one,  but  is  free  to  carry  out  other  engagements.     A  consulting  engi- 
neer permanently  retained  by  a  party,  should  notify  others  of  the  affiliation 
before  entering  into   relations  with  them,   if,  in  his  opinion,  the  interests 
might  conflict. 

7.  An  engineer  should  consider  it  his  duty  to  make  every  effort  to  rem- 
edy dangerous  defects  in  apparatus  or  structures  or  dangerous  conditions  of 
operation,  and  should  bring  these  to  the  attention  of  his  client  or  emplove**. 


3  Adopted  by  the  board  of  directors,  March  8,  1912. 


70  Personal  and  Ethical  Relations 

(C)   OWNERSHIP  OF  ENGINEERING  RECORDS  AND  DATA. 

8.  It  is  desirable  that  an  engineer  undertaking  for  others  work  in  con- 
nection with  which  he  may  make  improvements,  inventions,  plans,  designs, 
or  other  records,  should  enter  into  an  agreement  regarding  their  ownership. 

9.  If  an  engineer  uses  information  which  is  not  common  knowledge  or 
public  property,  but  which  he  obtains  from  a  client  or  employer,  the  results 
in  the  forms  of  plans,  designs  or  other  records,  should  not  be  regarded  as 
his  property,  but  the  property  of  his  client  or  employer. 

10.  If  an  engineer  uses  only  his  own  knowledge,  or  information,  which 
by  prior  publication,  or  otherwise,  is  public  property  and  obtains  no  engi- 
neering data  from  a  client  or  employer,  except  performance  specifications  or 
routine  information,  then  in  the  absence  of  an  agreement  to  the  contrary  the 
results  in  the  form  of  inventions,  plans,  designs,  or  other  records,  should 
be  regarded  as   the  property  of  the  engineer,  and  the  client   or  employer 
should  be  entitled  to  their  use  only  in  the  case  for  which  the  engineer  was 
retained. 

11.  All  work  and  results  accomplished  by  the  engineer  in  the  form  of 
inventions,  plans,  designs,  or  other  records,  that  are  outside  of  the  field  of 
engineering  for  which  a  client  or  employer  has  retained  him,  should  be  re- 
garded as  the  engineer's  property  unless  there  is  an  agreement  to  the  contrary. 

12.  When  an  engineer  or  manufacturer  builds  apparatus  from  designs 
supplied  to  him  by  a  customer,  the  designs  remain  the  property  of  the  cus- 
tomer and  should  not  be  duplicated  by  the  engineer  or  manufacturer   for 
others  without  express  permission.     When  the  engineer  or  manufacturer  and 
a  customer  jointly  work  out  designs  and  plans  or  develop  inventions  a  clear 
understanding  should  be  reached  before  the  beginning  of  the  work  regard- 
ing the  respective  rights  of  ownership  in  any  inventions,  designs,  or  matters 
of  similar  character,  that  may  result. 

13.  Any   engineering  data  or   information   which   an   engineer   obtains 
from  his  client  or  employer,  or  which  he  creates  as  a  result  of  such  infor- 
mation, must  be  considered  confidential  by  the  engineer;   and  while  he  is 
justified  in  using  such  data  or  information  in  his  own  practice  as  forming 
part  of  his  professional  experience,  its  publication  without  express  permis- 
sion is  improper. 

14.  Designs,  data,  records  and  notes  made  by  an  employee  and  referring 
exclusively  to  his  employer's  work,   should  be  regarded   as  his  employer's 
property. 

15.  A  customer,  in  buying  apparatus,  does  not  acquire  any  right  in  its 
design  but  only  the  use  of  the  apparatus  purchased.      A  client  does  not  ac- 
quire any  right  to  the  plans  made  by  a  consulting  engineer  except  for  the 
specific  case  for  which  they  were  made. 

(D)   THE  ENGINEER'S  RELATIONS  TO  THE  PUBLIC. 

16.  The  engineer  should  endeavor  to  assist  the  public  to  a  fair  and 
correct  general  understanding  of  engineering  matters,  to  extend  the  general 
knowledge  of  engineering,  and  to  discourage  the  appearance  of  untrue,  un- 
fair or  exaggerated  statements  on  engineering  subjects  in  the  press  or  else- 
where, especially  if  those  statements  may  lead  to,  or  are  made  for  the  pur- 
pose of,  inducing  the  public  to  participate  in  unworthy  enterprises. 


Code  of  Ethics  71 

17.  Technical  discussions  and  criticisms  of  engineering  subjects  should 
not  be  conducted  in  the  public  press,  but  before  engineering  societies,  or 
in  the  technical  press. 

18.  It  is  desirable  that  the  first  publication  concerning  inventions  or 
other  engineering  advances  should  not  be  made  through  the  public  press, 
but  before  engineering  societies  or  through  technical  publications. 

19.  It  is  unprofessional  to  give  an  opinion  on  a  subject  without  being 
fully  informed  as  to  all  the  facts  relating  thereto  and  as  to  the  purposes  for 
which  the  information  is  asked.     The  opinion  should  contain  a  full  state- 
ment of  the  conditions  under  which  it  applies. 

(B)   THE  ENGINEER'S  RELATIONS  TO  THE  ENGINEERING  FRATERNITY. 

20.  The  engineer  should  take  an  interest  in  and  assist  his  fellow  engi- 
neers by  exchange  of  general  information  and  experience,  by  instruction  and 
similar  aid,  through  the  engineering  societies  or  by  other  means.     He  should 
endeavor  to  protect  all  reputable  engineers  from  misrepresentation. 

21.  The  engineer  should  take  care  that  credit  for  engineering  work  is 
attributed  to  those  who,  so  far  as  his  knowledge  of  the  matter  goes,  are  the 
real  authors  of  such  work. 

22.  An  engineer  in  responsible  charge  of  work  should  not  permit  non- 
technical persons  to  overrule  his  engineering  judgments  on  purely  engineer- 
ing grounds. 

(F)  AMENDMENTS. 

Additions  to,  or  modifications  in,  this  Code  may  be  made  by  the  Board 
of  Directors  under  the  procedure  applying  to  a  by-law. 

§  40.  Code  of  Ethics  Suggested  for  The  American  Institute  of 
Chemical  Engineers  (1913). — 

Purpose  of  the  Code: 

To  define  the  rules  of  professional  conduct  and  ethics  for  the  members 
of  the  Institute. 

The  Institute  expects  of  its  members: 

1.  That  in  all  of  their  relations,  they  shall  be  guided  by  the  highest 
principles  of  honor. 

2.  The  upholding  before  the  public  at  all  times  of  the  dignity  of  the 
chemical  profession  generally  and  the  reputation  of  the  Institute,  protecting 
its  members  from  misrepresentation. 

3.  Personal  helpfulness  and  fraternity  between  its  members  and  toward 
the  profession  generally. 

4.  The   avoidance  and   discouragement   of   sensationalism,   exaggeration 
and  unwarranted  statements.     In  making  the  first  publication  concerning  in- 
ventions or  other  chemical  advances,  they  should  not  be  made  through  the 
public  press,  but  through  chemical  societies  and  technical  publications. 

5.  The  refusal  to  undertake  for  compensation,  work  which  he  believes 
will  be  unprofitable  to  a  client  without  first  advising  said  client  as  to  the 
improbability  of  successful  results. 

6.  The  upholding  of  the  principle,  that  unreasonably  low  charges  for  pro- 
fessional work  tends  toward  inferior  and  unreliable  work,  especially  if  such 
charges  are  set  at  a  low  figure  for  advertising  purposes. 


72  Personal  and  Ethical  Relations 

7.  The  refusal  to  lend  their  names  to  any  questionable  enterprise. 

8.  Conservatism  in  all  estimates,  reports,  testimony,  etc.,  especially  in 
connection  with  the  promotion  of  business  enterprises. 

9.  That  they  shall  not  engage  in  any  occupation  which  is  obviously  con- 
trary to  law  or  public  welfare. 

10.  When  a  chemical  engineer  undertakes  for  others  work  in  connection 
with  which  he  may  make  improvements,  inventions,  plans,  designs  or  other 
records,  he  should  enter  into  a  written  agreement  with  regard  to  their  owner- 
ship; and  when  it  is  subsequently  found  that  such  an  agreement  does  not 
cover  a  point  at  issue,  the  following  rules  shall  apply: 

a.  If  a  chemical  engineer  uses  information  which  is  not  common  knowl- 
edge or  public  property,  but  which  he  obtains  from  a  client  or  employer,  the 
results  in  the  form  of  plans,  designs  or  other  records  shall  not  be  regarded 
as  his  property,  but  the  property  of  his  client  or  employer. 

b.  If  a  chemical  engineer  uses  only  his  own  knowledge  or  information 
or  data,  which  by  prior  publication  or  otherwise  are  public  property,  and 
obtains  no  chemical  engineering  data  from  a  client  or  employer  except  per- 
formance specifications  or  routine  information,  then  the  results  in  the  form 
in  inventions,  plans,  designs  or  other  records  should  be  regarded   as   the 
property  of  the  engineer  and  the  client  or  employer  should  be  entitled  to  their 
use  only  in  the  case  for  which  the  engineer  was  retained. 

c.  All  work  and  results  accomplished  by  the  chemical  engineer  in  the 
form  of  inventions,  plans,  designs  or  other  records,  .or  outside  of  the  field 
for  which  a  client  or  employer  has  retained  him,  should  be  regarded  as  the 
chemical  engineer's  property. 

d.  When  a  chemical  engineer  participates  in  the  building  of  apparatus 
from  designs  supplied  him  by  a  client,  the  designs  remain  the  property  of  the 
client  and  should  not  be  duplicated  by  the  designer  or'  anyone  representing 
him  for  others  without  express  permission. 

e.  Chemical  engineering  data  or  information  which  a  chemical  engineer 
obtains  from  his  client  or  employer  or  which  he  creates  as  a  result  of  such 
information  must  be  considered  confidential  by  the  engineer;   and  while  he 
is  justified  in  using  such  data  or  information  in  his  own  practice  as  forming 
part  of  his  professional  experience,  its  publication  without  express  permission 
is  improper. 

f.  Designs,  data,  records  and  notes  made  by  an  employee  and  referring 
to  his  employer's  work,  should  be  regarded  as  his  employer's  property. 

g.  A  client  does  not  acquire  any  exclusive  right  to  plans  or  apparatus 
made  or  constructed  by  a  consulting  chemical  engineer  except  for  the  specific 
case  for  which  they  were  made. 

11.  A  chemical  engineer  cannot  honorably  accept  compensation,  financial 
or  otherwise,  from  more  than  one  interested  party,  without  the  consent  of  all 
parties;  and  whether  consulting,  designing,  installing  or  operating,  must  not 
accept  compensation   directly  or  indirectly  from   parties   dealing  with  his 
client  or  employer. 

When  called  upon  to  decide  on  the  use  of  inventions,  apparatus,  pro- 
cesses, etc.,  in  which  he  has  a  financial  interest,  he  should  make  his  status 
in  the  matter  clearly  understood  before  engagement. 


Code  of  Ethics  73 

12.  The  chemical  engineer  should  endeavor  at  all  times  to  give  credit 
for  work  to  those  who,  so  far  as  his  knowledge  goes,  are  the  real  authors  of 
such  work. 

13.  Undignified,    sensational   or   misleading  advertising   should   be   dis- 
couraged. 

14.  Contracts  made  by  chemical  engineers  should  be  subject  to  the  Code 
of  Ethics. 

For  the  administration  of  this  Code  of  Ethics,  a  Committee  on  Ethics 
shall  be  appointed  by  the  president  holding  office  at  the  time  of  the  adoption 
of  this  Code,  to  consist  of  five  members;  one  appointed  for  five  years,  another 
for  four  years,  another  for  three  years,  another  for  two  years,  another  for 
one  year,  and  thereafter,  the  president  then  holding  office  shall  appoint  one 
member  annually  to  serve  for  five  years  and  also  fill  such  vacancies  as  may 
occur  for  the  unexpired  term.  Three  of  these  members  shall  be  over  forty- 
five  years  of  age.  The  committee  shall  elect  its  own  chairman.  The  Com- 
mittee on  Ethics  shall  investigate  all  complaints  submitted  to  them  bearing 
upon  the  professional  conduct  of  any  member,  and  after  a  fair  opportunity 
to  be  heard  has  been  given  to  the  member  involved,  shall  report  its  findings 
to  the  Council,  whose  action  shall  be  final. 

§  41.  Code  of  Ethics  Adopted  by  American  Society  of  Civil 
Engineers,  September  2,  1914. — It  shall  be  considered  unprofes- 
sional and  inconsistent  with  honorable  and  dignified  bearing  for 
any  member  of  the  American  Society  of  Civil  Engineers : 

1.  To  act  for  his  clients  in  professional  matters  otherwise  than  as  a 
faithful   agent  or   trustee,  or  to  accept  any  remuneration  other  than  his 
stated  charges  for  services  rendered  his  clients. 

2.  To  attempt  to  injure  falsely  or  maliciously,  directly  or  indirectly,  the 
professional  reputation,  prospects,  or  business,  of  another  engineer. 

3.  To  attempt  to  supplant  another  engineer  after  definite  steps  have  been 
taken  toward  his  employment. 

4.  To  compete  with  another  engineer  for  employment  on  the  basis  of 
professional  charges,  by  reducing  his  usual  charges  and  in  this  manner  at- 
tempting to  underbid  after  being  informed  of  the  charges  named  by  another. 

5.  To  review  the  work  of  another  engineer  for  the  same  client,  except 
with  the  knowledge  or  consent  of  such  engineer,  or  unless  the  connection  of 
such  engineer  with  the  work  has  been  terminated. 

6.  To  advertise  in  self-laudatory  language,  or  in  any  other  manner  derog- 
atory to  the  dignity  of  the  profession. 

§  41-3.  Code  of  Ethics  Adopted  by  the  American  Society  of 
Mechanical  Engineers,  May  24-27,  1920. 

1.  The  mechanical  engineer  should  be  guided  in  all  his  relations  by  the 
highest  principles  of  honor,  of  fidelity  to  his  client,  and  of  loyalty  to  his 
country. 

2.  His  first  duty  is  to  serve  the  public  with  his  specialized  skill.     In 
promoting  the  welfare  of  society  as  a  whole  he  advances  his  own  interests, 
as  well  as  those  of  the  whole  engineering  profession. 

3.  He  should  consider  the  protection  of  his  client's  or  employer's  in- 
terests in  professional  matters  his  essential  obligation,  provided  these  in- 
terests do  not  conflict  with  the  public  welfare. 


74  Personal  and  Ethical  Relations 

4.  He  shall  refrain  from  associating  himself  or  continuing  to  be  as- 
sociated with  any  enterprise  of  questionable  or  illegitimate  character. 

5.  He  can  honorably  accept  compensation,  financial  or  otherwise,  from 
only  one  interested  party  unless  all  parties  have  agreed  to  his  recompense 
from  other  interested  parties. 

6..  He  must  inform  his  clients  of  any  business  connections,  interests 
or  circumstances,  such  as  might  influence  his  judgment  or  the  quality  of 
his  services  to  his  clients. 

7.  He  must  not  receive,  directly  or  indirectly,  any  royalty,  gratuity  or 
commission  on  any  patented  article  or  process  used  in  the  work  upon  which 
he  is  retained  without  the  consent  of  his  clients  or  employers. 

8.  He  should  satisfy  himself  before  taking  over  the  work  of  another 
consulting  engineer  that  good  and  sufficient  reasons  exist  for  making  change. 

9.  He  must  base   all  reports  and  expert  testimony  on  facts  or  upon 
theories  founded  only  on  sound  engineering  principles  and  experience. 

10.  He  must  not  regard  as  his  own  any  information  which  is  not  com- 
mon knowledge  or  public   property,  but  which  he  obtained  confidentially 
from  a  client  or  while  engaged  as  an  employee.     He  is,  however,  justified 
in  using  such  data  or  information  in  his  own  private  practice  as  forming 
part  of  his  professional  experience. 

11.  He  should  do  everything  in  his  power  to  prevent  sensational,  ex- 
aggerated or  unwarranted  statements  about  engineering  work  being  made 
through  the  public  press.     First  descriptions  of  new  inventions,  processes, 
etc.,  for  publication  should  be  furnished  only  to  the  engineering  societies 
or  to  the  technical  press. 

12.  He  should  not  advertise  in  an  undignified,  sensational  or  mislead- 
ing manner,  or  offer  commissions  for  professional  work,  or  otherwise  im- 
properly solicit  it. 

13.  He  should  not  compete  knowingly  with  a  fellow-engineer  for  em- 
ployment on  the  basis  of  professional  charges  or  attempt  to  supplant  a 
fellow-engineer  after  definite  steps  have  been  taken  toward  the  other's  em- 
ployment. 

14.  He  should  assist  all  fellow-engineers  by  exchange  of  general  in- 
formation and  valuable  experience  or  by  instruction  through  the  engineer- 
ing societies,  the  schools  of  applied  science,  and  the  technical  press. 

§  42.  Questions  in  Ethics. — It  is  reasonably  assumed  that  no 
one  who  is  interested  in  the  discussion  of  Ethics  would  deliberately  fol- 
low courses  of  conduct  which  are  clearly  and  undoubtedly  wrong.  In 
Othat  no  choice  exists  for  any  honorable  man :  he  must  pursue  a  certain 
(yinany  cases,  a  given  course  of  conduct  is  so  obviously  right  or  wrong 
line  of  conduct. 

Conduct  may  vary  from  such  obvious  conditions  to  those  in 
which  the  questions  of  right  and  wrong  are  so  indistinct  that  opin- 
ions may  justly  vary  concerning  the  matter  which,  in  extreme 
cases,  may  even  become  simply  a  matter  of  the  individual  con- 
science. Ethical  rules  as  adopted  by  the  various  engineering  so- 
cieties, while  obvious  in  the  abstract,  are  not  always  so  obvious 


Questions  in  Ethics  75 

in  their  application;  and  those  applications  which  may  be  obvious 
to  the  man  of  affairs  may  not  be  apparent  to  the  young  man  just 
entering  practical  life.  Certain  concrete  conditions  have  therefore 
been  stated,  on  some  of  which  it  seems  desirable  that  the  student 
should  express  his  opinion,  and  the  answers,  after  being  examined, 
should  be  discussed  and  the  ethics  of  the  situation  explained.  By  a 
thoughtful  consideration  of  such  questions  and  a  full  discussion  of  the 
same,  the  student  will  gain  a  more  correct  view  of  ethical  principles  than 
is  possible  by  the  study  of  a  statement  of  the  abstract  principles. 

1.  A  young  engineer  applied  for  a  position  that  was  to  last  six  months, 
and    secured   the   appointment   in   active   competition   with   several   others. 
After  he  had  worked  at  the  job  for  a  month,  he  was  offered  an  opportunity 
to  greatly  better  his  salary  in  another  city.     As  he  was  financially  irrespon- 
sible, he  could  easily  leave  without  fear  of  legal  action.     Should  he  accept  or 
decline  the  new  offer,  and  why? 

2.  Assume  that  an  engineer  were  an  applicant  for  a  certain  position  and 
were  asked  concerning  the  standing  and  qualifications  of  another  engineer  for 
the    same    position,    concerning   whom   he   has   heard    unfavorable   reports. 
Should  he  give  the  information  he  possesses? 

3.  It  is  the  ambition  of  many  students  of  engineering  to  enter  the  field 
of  general  practice- in  what  is  often  termed  consulting  engineering' work. 
Is  a  young  engineer  who  has  had  only  one  or  two  years'  experience,  war- 
ranted in  offering  his  services  to  the  public  in  such  capacity? 

4.  A  young  engineer  was  employed  for  some  years  with  an  engineering 
firm  and  acquired  considerable  experience  in  their  specialty.     A  party  desiring 
some  work  done  along  that  line,  and  hoping  to  secure  the  same  at  a  low  figure, 
proposed  that  the  young  engineer  take  up  their  work  at  odd  times,  inde- 
pendently of  his  employers  who,  as  business  was  somewhat  dull,  could  spare 
a  part  of  his  services.    Was  he  justified  in  accepting  such  work,  and  why? 

5.  Is  a  practicing  engineer,  unfamiliar  with  the  specialty,  mentioned  in 
question  4,  justified  in  taking  work  in  that  line  and  trying  to  secure  the  young 
engineer  mentioned  therein  during  his  spare  time  to  do  thework    for  him? 

6.  If  an  engineer  is  employed  for  a  portion  of  his  time  by  a  state  to 
examine  and  pass  upon  plans  for  work,  on  which  he  is  supposed  to  be  expert 
and  over  which  the  state  has  assumed  a  certain  control,  is  he  justified  in 
seeking  to  practice  his  profession  by  undertaking  to  prepare  plans  and  speci- 
fications for  work  along  similar  lines  and  within  the  same  state? 

7.  In  most  state  public  service  bureaus  there  is  always  considerable 
\vork  for  the  engineering  department  which   is  waiting  for  their  consid- 
eration.    Nevertheless  some  of  the  specialists  are  able  to  secure  leave  of 
absence  to  undertake  personal  work  for  private  parties,  thus  delaying  the 
regular  work  of  the  department.     Is  such  action  justifiable? 

8.  Should  or  should  not  an  engineer  who  has  prepared  plans  and  speci- 
fications for  a  piece  of  work,  bid  on  the  same  as  a  contractor,  and  why? 

9.  Plans  and  specifications  were  prepared  by  a  firm  of  engineers  for  a 
water  works  system  for  a  small  city,  and  bids  were  invited.     Another  engi- 
neer, acting  with  a  contractor,  made  plans  for  a  cheaper  system  and  attempted 
to  secure  the  contract  through  their  ability  to  do  the  work  on  the  cheaper 


76  Personal  and  Ethical  Relations 

system  at  a  less  price  than  could  be  made  by  the  other  contractors  on  the 
official  plans.     Was  the  other  engineer  justified  in  his  conduct,  and  why? 

10.  A  company  which  had  employed  an  engineer  to  prepare  plans  and 
specifications  for  certain  work  became  dissatisfied  and  uncertain  as  to  the 
safety  of  the  plans  he  had  proposed.     In  the  absence  of  the  engineer,  and 
without  advising  him  as  to  their  intention,  they  called  in  another  engineer, 
explaining  in  their  letter  that  they  desired  him  to  check  up  the  plans  and 
advise  them  as  to  their  safety  and  sufficiency.     Should  the  second  engineer 
accept  or  decline  the  service,  and  on  what  grounds? 

11.  A  second  company  under  similar  circumstances,  and  with  the  con- 
sent of  their  engineer,  called  for  similar  services  from  another  engineer,  who 
accepted  and  found  the  works  proposed  would   be  perfectly  safe  but  that 
while  it  was  not  obvious,  yet  he  could  easily  show  that  a  considerable  sum 
of  money  could  be  saved  and  the  plant  made  much  more  satisfactory  by  cer- 
tain minor  changes.     Such  changes  in  plans  would,  however,  probably  reflect 
to  some  extent  on  the  engineer  of  the  work,  and  if  the  plans  were  allowed 
to  stand,  the  possible  saving  or  improvement  would  never  be  known.     Was 
it  or  was  it  not  the  duty  of  the  consulting  engineer  to  call  the  attention  of 
the  company  to  the  defect,  at  the  expense  of  his  fellow  engineer's  reputation? 

12.  An  investigation  was  made  of  a  contemplated  irrigation  project  and 
a  favorable  report  was  duly  submitted  by  an  irrigation  engineer  to  a  develop- 
ment company.     Another  engineer  was  called  to  make  surveys,  prepare  plans 
and  specifications  and  to  supervise  construction.     After  considerable  prog- 
ress had  been  made  in  the  detailed  investigations,  the  engineer  became  con- 
vinced that  the  preliminary  report  was  greatly  in  error  and  that  the  project 
could  not  be  a  success  financially.     His  opinion  was  submitted  to  the  devel- 
opment company,  and  they  instructed  him  to  keep  his  report  confidential  and 
to  continue  the  work,  with  the  intention  of  selling  sufficient  land  to  protect 
themselves  from  financial  loss  of  the  money  already  invested  and  perhaps 
be  able  to  secure  a  profit.      Was  the  engineer  justified  or  not  in  continuing 
the  work  under  such  conditions,  and  why? 

13.  An  engineer,  having  examined  a  water  power  project,  reported  to  his 
clients   that  in  his  opinion  the  cost  of  development  and   other  conditions 
would  make  the  cost  of  the  possible  power  output  too  great  to  make  the 
project  financially  satisfactory.     His  opinion  was  accepted,  and  the  matter 
was   dropped   by  the   client.     Later,   the  same  project  was  taken  up  by  a 
power  company,  and  the  same  engineer  was  asked  to  take  charge  of  the 
development.     What  was  his  duty  in  the  premises,  and  why? 

14.  In  many  promotional  enterprises  the  success  of  a  project  will  de- 
pend upon  various  factors  whoch  are  often  more  or  less  uncertain.     Some 
of  these  factors  are  original  cost,  cost  of  operation  and  the  cost  of  financ- 
ing.    Another  very  great  uncertainty  is  the  development  expense  or  the 
interest  and  operating  costs  during  the  period  when  the  plant  is  acquiring 
a  business  or  the  project  is  securing  its  customers,  and  many  projects  other- 
wise desirable  become  unprofitable  on  account  of  this  serious  expense. 

(a)  If  an  engineer  having  had  extensive  experience  along  certain  lines 
is  satisfied  that  a  project  cannot  be  financially  successful,  while  his  clients 
not  thoroughly  familiar  with  the  subject  believe  that  they  can  make  the 
project  a  success  and  decide  to  go  ahead  with  the  project,  is  the  engineer 
warranted  in  undertaking  the  work? 


Questions  in  Ethics  77 

(b)  If  in  the  opinion  of  the  engineer  the  possibilities  of  profitable  de- 
velopment are  more  or  less  uncertain  and  the  success  of  the  development 
depends  upon  circumstances  which  may  or  may  not  render  the  project  un- 
profitable, is  the  engineer  warranted  in  undertaking  the  work? 

15.  A  manufacturer  offered  an  engineer  a  commission  of  ten  per  cent  on 
all  the  material  that  might  be  used  on  a  contract,  provided  his  special  brand 
of  material  was  specified.     If  the  engineer  knew  or  believed  that  the  material 
was  equal  to  any  similar  material  on  the  market,  would  he  be  justified  in  ac- 
cepting the  offer,  and  why? 

16.  Would  he  be  so  justified  if  he  knew  the  material  was  equal  to  any 
on  the  market,  and  would  not  cost  more  than  other  materials  of  the  same 
kind? 

17.  If  a  similar  offer  were  made  to  a  contractor  to  specify  certain  ma- 
terials with  his  bid,  would  he  be  justified  in  accepting  the  same,  and  why? 

18.  A  company  asked  two  engineers  to  name  the  price  at  which  they 
would  agree  to  prepare  plans  for  a  certain  piece  of  work.     Each  engineer, 
without  knowledge  of  the  other,  estimated  that  the  work  should  reasonably 
be  worth  the  sum  of  $2,000,  at  which  price  one  of  them  submitted  his  prop- 
osition.      The  other,  before  submitting  his  proposal  accidently  heard  that 
the  same  price  had  been  named  by  his  competitor,  and  being  desirous  of  se- 
curing the  work,  reduced  his  price  to  $1,900.    Was  he  justified  in  such  reduc- 
tion, and  why? 

19.  If  the  above  work  was  worth  $2,000  a  current  professional  charges, 
and  an  engineer  knowing  this  and  without  knowledge  of  the  price  named  by 
others,  was  so  desirous  to  secure  the  work  that  he  was  willing  to  reduce  his 
charges  to  $1,500,  would  he  be  justified  in  such  reduction,  and  why? 

20.  An  engineer  was  about  to  let  a  contract  for  certain  expensive  machin- 
ery.    He  was  very  familiar  with  similar  machinery  made  by  a  number  of 
first  class  manufacturers,  but  was  unfamiliar  with  that  made  by  one  concern 
whose  reputation  was,  he  knew,  first  class.     The  company,  anxious  to  stand 
on  an  equal  footing  with  others,  offered  to  pay  all  the  necessary  expenses 
of  the  engineer  to  visit  several  places  where  their  machines  were  in  use, 
including  a  trip  to  their  factory  where  a  similar  machine  was  under  con- 
struction.    If  the  engineer  desired  such  information,  and  could  conveniently 
make  the  trip,  should  he  accept  or  decline  the  invitation,  and  why? 

21.  If  the  engineer  made  the  trip  above  outlined,  either  at  his  own  ex- 
pense or  at  the  expense  of  the  company,  and  during  the  trip  was  invited  by 
the  representatives  of  the  company  to  take  various  side  trips  for  pleasure 
and  to  accept  various  costly  entertainment  at  the  expense  of  the  company's 
representatives  or  of  the  company  itself,  should  he  accept- or  decline,  and 
why? 

22.  Should  an  engineer  accept,  to  any  extent,  minor  favors    (cigars, 
theatre  tickets,  etc.)  of  a  contractor  or  those  who  are  liable  to  become  con- 
tractors on  his  work,  and  if  so,  to  what  extent? 

23.  A  contractor  named  a  price  of  $50,000  for  performing  a  piece  of  work 
for  a  company,  for  which  he  was  willing  to  take  the  Company's  notes.     The 
notes,  he  found,  could  be  discounted  at  the  local  bank  so  as  to  net  the  con- 
tractor $49,000.     The  manager  of  the  company,   after   consulting  with   the 
cashier  of  the  bank,  offered  through  the  cashier  to  award  the  contractor  the 
contract  at  $52,000,  provided  he  would  allow  the  bank  a  total  discount  at  the 


78  Personal  and  Ethical  Relations 

bank  of  $3,000,  in  which  event  the  contract  would  still  net  the  contractor 
$49,000.  Should  the  contractor  take  the  contract  under  such  conditions,  and 
why? 

24.  If  under  the  above  conditions  the  cashier  advised  the  contractor  that 
the  manager  was  to  receive  half  the  discount  which  the  bank  made,  what 
should  be  the  contractor's  attitude  toward  the  contract,  and  why? 

25.  An  engineer  of  reputation  was  asked  by  a  banking  house  to  take 
charge  of  certain  engineering  work,  no  price  being  agreed  upon  for  his  sal- 
ary.   He  by  chance  learned  that  the  bankers  would  not  object  to  a  charge 
of  twenty-five  per  cent  in  excess  of  his  regular  charges.    Would  he  be  war- 
ranted in  increasing  his  charges  beyond  his  usual  basis? 

26.  In  a  similar  case,  a  company  was  so  desirous  of  an  engineer's  serv- 
ices that  they  offered  him  fifty  per  cent  more  than  his  customary  charges. 
He  would  have  been  glad  to  accept  the  appointment  at  his  regular  charges. 
Was  he  warranted  in  accepting  the  advance? 

27.  An  hydraulic  engineer,  under  an  agreement  with  a  village,  prepared 
plans  for  a  water  works  system.     To  pay  for  a  part  of  the  work  involved, 
village  bonds  were  issued.     The  official  of  the  village   asked  the  engineer 
if  he  would  assist  them  in  the  disposal  of  the  bonds,  and  he  agreed  to  do  so 
if  he  conveniently  could.     He  spoke  to  several  bankers,  who  did  not  care 
to  buy  the  bonds,  and  finally  meeting  the  representative  of  a  bond  house, 
told  him  of  the  bonds  which  the  village  desired  to  sell.     The  bond  house 
purchased  these  bonds  at  a  price  mutually  satisfactory  to  themselves  and 
the   village.     Afterward   the   president   of  the   bond   company,   meeting   the 
engineer,   told   him   that   they   had   bought   the   bonds   at   a  very   satisfac- 
tory price,  and  asked  him  to  call  at  their  office  as  the  bond  company  desired 
to  give  the  engineer  a  check  for  one  hundred  dollars.     Should  the  engineer 
have  accepted  or  rejected  the  check,  and  why? 

28.  Toward  the  close  of  the  construction  season  the  authorities  of  a 
small   town   became  very  anxious  to   complete   certain   paving  that  year. 
An  engineering  company  made  a  proposal  to  the  town  to  prepare  plans, 
specifications,  and  estimates  for  this  work  and  in  case  no  bid  was  received 
below  their  estimate,  to  take  the  contract  at  the  estimate  they  had  made. 
Was  such  a  proposal  ethical? 

29.  Certain  promoters  negotiated  a  franchise  with  a  city  to  build  an 
important  public  work  at  an  expense  of  about  $1,000,000,  payable  in  an- 
nual installments  which  were  to  begin  on  the  satisfactory  completion  of 
the  work.  The  franchise  was  granted.    One  of  the  promoters  withdrew  from 
the  venture  accepting  for  his  share  of  the  prospective  profits  and  for  his 
expense  and  time,  an  order  payable  from  the  first  moneys  received  from 
the  city.     A  corporation  was   formed  to  undertake  the  work  which   was 
financed  not  by  moneys  furnished  by  its  stockholders,  but  by  bonds  which 
were  sold  to  the  general  public  mostly  outside  of  the  city.     The  company 
attempted  to  build  the  works  on  inadequate  plans.     The  works  as  carried 
out  were  unsatisfactory,  the  available  funds  became  exhausted  and  the  pro- 
ject was  placed  by  the  court  in  the  hands  of  a  receiver.     The  promoting 
company  having  failed  in   their  efforts  and  having  no  further  resources 
abandoned  the  project,  leaving  the  contractor  and  the  bondholders  and  cer- 
tain creditors  with  an  uncompleted  plant  practically  valueless  in  its  un- 
finished condition. 


Questions  in  Ethics  79 

A  consulting  engineer  was  called  in  by  the  city  to  review  the  situa- 
tion and  advise  as  to  what  was  necessary  for  the  proper  completion  of  the 
project.  He  completed  his  report  which  was  received  with  confidence  by  the 
public,  was  paid  for  his  services  and  had  no  further  professional  connection 
with  the  city  government  which  had  employed  him. 

The  promoter  who  had  withdrawn  from  the  project  at  the  beginning, 
began  negotiating  with  the  city  to  be  allowed  to  proceed  with  the  comple- 
tion of  the  work  which  he  proposed  to  do  on  lines  much  less  thorough  and 
complete  than  those  proposed  by  the  consulting  engineer,  and  undoubtedly 
with  the  hope  that  he  could  protect  the  interest  he  already  had  in  the  ven- 
ture and  perhaps  secure  a  considerable  extra  profit.  It  was  obvious  that  if 
he  could  secure  the  services  of  the  consulting  engineer  who  had  reported  to 
the  city  as  his  advisor  it  would  give  him  a  certain  prestige  with  the  officials 
and  the  citizens  of  the  city,  and  help  him  in  securing  the  desired  franchise. 
He  approached  the  consulting  engineer  with  this  proposal.  Should  the  con- 
sulting engineer  accept  such  an  appointment? 

30.  A  agreed  to  buy  a  farm  of  B  for  $5,000,  paying  $1,000  cash,  and 
made  a  written  agreement  to  meet  B  on  a  certain  date  and  either  complete 
arrangements  by  giving  a  mortgage  for  the  balance  or  to  forfeit  the  amount 
paid.     Before  the  date  of  meeting,  B,  relying  on  A's  agreement,  refused  an- 
other similar  offer.     A,  on  account  of  sickness,   failed  to  meet  at  the  ap- 
pointed time,  and  on  account  of  ignorance  failed  to  be  represented  by  at- 
torney.    B  was  undoubtedly  damaged  only  $300  or  $400  by  failure  to  sell. 
By  failure  to  meet  his  agreement,  A  legally  forfeited  his  payment  of  $1,000. 
Assuming  that  A  was  willing  to  forfeit  a  sum  equivalent  to  the  actual  dam- 
ages, was  B  morally  warranted  in  holding  A  to  his  agreement? 

31.  Assume  that  a  body  of  some  five  or  six  men  undertake  to  form  a 
joint  stock  company  in  a  line  of  business  with  which  they  are  familiar.     On 
account  of  their  knowledge  and  reputation  for  fair  dealing,  they  secure  sub- 
scriptions to  the  stock  of  the  company  and  organize  the  same.     A  board  of 
directors  is  elected,   consisting  probably  of  the  original  organizers  of  the 
company  who  must  also  be  stockholders.     During  the  early  stages  of  devel- 
opment, the  future  of  the  company  is  more  or  less  uncertain  and  the  prob- 
able outcome  will  be  better  understood  by  those  closely  connected  with  the 
management.     The  right  to  buy  or  sell  stock  is  an  undoubted  legal  right 
which  can  be  exercised  by  any  of  the  stockholders  at  any  time.    Would  the 
original  promoters  be  justified  in  selling  their  stock  as  soon  as  the  com- 
pany is  organized? 

32.  Would  any  of  the  stockholders  be  justified  in  the  sale  of  their  stock 
before  the  prospects  of  the  company  are  fully  realized? 

33.  Would  any  member  of  the  company,  be  he  director  or  otherwise,  who 
is  particularly  well  informed  on  the  business  of  the  company,  be  justified 
in   purchasing  stock   from   other  members   less   informed,   at  less   than   its 
fair  value  by  withholding  a  knowledge  of  favorable  prospects  or  by  unduly 
deprecating  future  prospects,  and  why? 

34.  Would  any  stockholder  be  justified  in  undertaking  to  purchase  a 
majority  of  the  stock  from  other  members  in  order  that  he  might  person- 
ally sell  it  at  a  price  greater  than  its  true  market  value,  and  thereby  place 
the  control  of  the  same  in  the  hands  of  strangers,  and  why? 


80  Personal  and  Ethical  Relations 

35.  Would  any  stockholder,  after  acquiring  a  majority  of  the  stock,  be 
justified  in  selling  said  majority  to  strangers  without  securing  the  right  of 
sale  to  other  stockholders  of  the  company,  and  why? 

36.  A,  who  controlled  fifty-one  per  cent  of  the  stock  of  a  corporation, 
elected  himself  president  of  the  company  and  voted  himself  a  salary  which 
will  he  approved  by  a  court  as  not  excessive  but  may  be  more  than  the 
work  is  worth.     Is  he  warranted  in  using  his  legal  rights  to  secure  an  ex- 
cessive salary? 

LITERATURE 

Suggested  Code  of  Ethics  of  the  Oregon  Society  of  Engineers.  Eng.  News, 
June  12,  1913. 

A  Proposed  Code  of  Ethics  for  Engineers.  Prepared  by  council  of  Am. 
Soc.  Mech.  Engrs.  Eng.  News,  Vol.  69,  p.  29. 

Proposed  Code  of  Ethics  for  Comment.     Jour.  W.  S.  E.     Jan.  1916. 

Two  New  Codes  of  Professional  Ethics.  Philadelphia  Chapter  A.  I.  ,A.; 
and  Alberta  Association  of  Architects.  Eng.  Rec.,  Vol.  60,  p.  681. 

Professional  Ethics  for  the  Mining  Engineer.  John  Hays  Hammond. 
Eng.  News,  Vol.  60,  p.  443. 

A  Code  of  Ethics  for  Architects.  Adopted  by  Boston  Chapter  A.  I.  A. 
Eng.  News,  Vol.  57,  p.  105. 

Code  of  Ethics  and  Recommended  Schedule  of  Compensation  of  Maine 
Society  of  Civil  Engineers.  Eng.  News,  Vol.  70,  p.  1231. 

Engineering  Honors — Presidential  Address  to  American  Institute  Elec- 
trical Engineers,  by  Schuyler  S.  Wheeler,  Elect.  Rev.  Vol.  48,  p.  968. 

Professional  Ethics.  Abstract  of  Address  to  Students  of  Lehigh  Univer- 
sity, by  Rossiter  W.  Raymond.  Elect.  Rev.  Vol.  49,  p.  64. 

Ethics  of  the  Engineering  Profession.  Victor  C.  Alderson.  Jour.  W.  S. 
E.  Aug.  1901. 

Ethics  of  Consulting  Practice.  Staff  Article.  Eng.  News.  Nov.  10,  1892, 
p.  445. 

Code  of  Ethics  with  Legislative  backing  for  Pennsylvania  Society  of  En- 
gineers, by  F.  H.  Snow.  Eng.  News,  Vol.  61,  p.  661. 

Strict  View  of  Consulting  Engineering.  Letter.  Eng.  News,  Vol.  58, 
p.  617. 

Duty  of  Engineers  to  the  Profession.  E.  T.  Dwelley.  Eng.  News,  Vol.  61, 
p.  479. 

Moral  Standards.  Responsibility  of  Technical  Colleges,  by  John  Berg. 
Eng.  News,  Vol.  55,  p.  405. 

The  Human  Side  of  Engineering.  J.  C.  Wait.  Sibley  Jour,  of  Eng.  Vol. 
28,  pp.  20,  68,  94. 

New  Code  of  Ethics  for  Mechanical  Engineering.  Eng.  News-Res.,  Vol. 
84,  p.  1261. 

Disciplinary  Procedure  of  the  American  Institute  of  Architects.  H.  W. 
Sellers,  Eng.  News-Rec.,  Vol.  84,  p.  677. 


CHAPTER  V 
THE  USE  OF  ENGLISH 

§  43.  The  Importance  of  English. — The  successful  engineer 
must  be  something  more  than  a  skilled  mechanic,  an  artisan  or  a  de- 
signer. He  must  not  only  be  able  to  make  surveys  and  prepare  plans 
and  designs  but  he  must  also  be  able  to  make  reports  to  his  clients  or 
superiors,  prepare  instructions  for  his  assistants  and  subordinates,  write 
specifications,  prepare  agreements,  both  as  a  basis  for  receiving  bids 
and  for  making  contracts ;  he  must  originate,  lay  out  and  supervise  or 
carry  out  contract  works,  and  supervise  the  maintenance  and  operation 
of  engineering  plans.  In  each  case  the  engineer  must  be  able  to  ex- 
plain his  plans  and  proposals  so  that  his  reasons  and  methods  will  be 
understood  and  appreciated. 

The  ability  to  use  clear,  logical,  forceful  and  correct  English  is 
an  asset  of  great  value  to  the  engineer,  and  frequently  means  advance- 
ment beyond  others  of  equal  technical  ability  but  without  the  ability  of 
correct  and  proper  expression. 

Obscure,  incorrect  and  faulty  language,  used  in  engineering  re- 
ports, instructions,  contracts  and  specifications,  frequently  involves  dis- 
putes and  litigations,  with  the  consequent  loss  of  thousands  of  dollars, 
and  in  some  cases  misunderstandings  which  may  cause  the  loss  of  lives 
and  reputations.  Any  element  in  engineering  education,  the  misuse  of 
which  may  produce  such  dire  results  or  the  correct  use  of  which  may 
bring  such  great  results,  is  worthy  of  the  most  careful  consideration 
and  attention. 

The  command  and  intelligent  use  of  language  is  often  the  best 
method  of  conveying  to  others  an  appreciation  of  the  knowledge 
of  the  engineer  and  his  ability  to  meet  and  solve  engineering  problems. 
For  success  the  engineer  must  not  only  be  technically  ab1e  to  solve  the 
engineering  problems  which  come  to  him  for  solution,  but  others  must 
know  and  appreciate  his  ability.  It  is  true  that  the  best  test  of  ability 
is  the  actual  performance  of  the  work  in  question,  but  a  knowledge  of 
the  ability  so  demonstrated  is  confined  to  the  clients,  employers, 
friends,  colleagues  or  employees  of  the  engineer,  and  a  wider  knowl- 
edge of  that  ability  can  be  secured  only  by  the  spoken  or  written  word. 

Articles  in  the  technical  press  or  papers  before  engineering  so- 
cieties, describing  new  designs  and  new  work  along  new  and  novel 
lines,  when  well  prepared  and  presented,  extend  the  acquaintance  and 
reputation  of  their  writer.  The  preparation  of  an  article  or  paper,  on  a 


82  The  Use  of  English 

subject  on  which  he  is  particu'arly  well  informed,  systematizes  the  engi- 
neer's knowledge,  gives  opportunity  for  a  careful  review  and  per- 
sonal criticism  of  his  own  work,  develops  his  ability,  and  aids  himself 
more  than  it  does  any  other  individual.  When  such  articles  or  papers 
are  of  real  value,  they  also  aid  in  the  advancement  of  professional 
knowledge  and  fulfill  a  duty  every  man  owes  to  his  profession.  When 
such  articles  are  prepared  purely  from  a  selfish  motive,  for  the  purpose 
of  advertising  and  personal  advancement,  they  are  usually  valueless  to 
the  profession  and  detrimental  to  the  author ;  but  when  prepared  with 
the  purpose  of  conveying  valuable  information  and  advancing  the  pro- 
fession, if  well  prepared  even  though  the  subject  be  a  simple  one, 
they  become  a  valuable  asset  to  the  profession  and  a  legitimate  aid  to 
individual  advancement. 

§  44.  Engineering  English. — Engineering  English  should  and 
does  differ  from  the  English  of  literature.  Fine  writing  and  pic- 
turesque language  have  little  place  in  the  writings  of  the  engineer. 
The  language  should  always  be  clear,  definite  and  exact ;  it  should  often 
be  brief,  technical  and  to  the  point.  It  must  vary  in  its  character  from 
the  English  of  literature  to  the  English  of  the  law,  according  to  the 
persons  for  whom  and  purposes  for  which  it  may  be  prepared.  In  gen- 
eral, engineering  English  must  be  written  with  the  particular  parties  in 
mind  for  whom  it  is  intended,  and  their  education,  training,  technical 
knowledge  and  point  of  view  must  be  fully  considered. 

Engineering  writings  may  be  subdivided  into  several  classes,  each 
more  or  less  distinct,  but  such  writings  may  frequently  fall  between 
or  within  more  than  one  of  these  classes,  and  sometimes  partake  of 
the  character  of  each. 

In  general,  letters,  reports  and  papers  may  be  written  for : 

First:  Non-technical  readers. 

Second:  Technical  readers  more  or  less  acquainted  with  engineer- 
ing matter  but  not  particularly  versed  in  the  special  subject  treated. 

Third:  Supervisors  and  assistants,  those  specially  acquainted  with 
the  subject  matter  treated. 

Fourth:  Contracts  and  specifications. 

§  45.  The  Hearer  or  Reader. — The  knowledge  and  capacity  of 
those  to  whom  written  or  spoken  language  is  addressed  is  an  important 
element  to  be  considered  in  the  preparation  of  articles,  reports  or  ad- 
dresses. The  statement  that  "doubling  the  head  of  water  acting  on  a 
given  turbine  will  increase  its  power  more  than  2.8  times,  because  such 
power  will  vary  with  the  three-halves  power  of  the  head  acting,"  is  a 
perfectly  clear  statement  to  the  hydraulic  engineer  but  may  mean  little 
to  a  business  man,  and  must  be  stated  in  greater  detail  and  with  con- 


The  Hearer  or  Reader  83 

siderable  explanation  if  it  becomes  necessary  or  desirable  to  have  the 
business  man  understand  arid  appreciate  the  fact.  In  such  writing 
technical  matters  should  be  explained  in  clear  and  simple  language,  so 
that  the  persons  for  whom  it  is  written  will  understand  the  matter  in- 
volved, the  reasons  for  the  plans  proposed  and  the  results  to  be  accom- 
plished. There  are  few  technical  matters  which  cannot  be  made  so 
clear  in  a  properly  written  paper  or  report  that  any  good  business  man 
can  understand  them,  and  failure  to  prepare  such  papers  that  they 
can  be  so  understood  is  usually  due  to  a  lack  of  understanding  of  the 
matter  by  the  engineer  himself.  Any  engineer  has  only  to  attempt  to 
read  some  advanced  work  on  a  subject  with  which  he  is  unfamiliar  to 
recognize  the  fact  that,  while  such  a  work  may  be  perfectly  plain  to  the 
expert,  it  is  quite  meaningless  to  the  novice  who  must  first  read  ele- 
mentary works  on  the  subject  and  acquire  the  fundamental  ideas  and 
the  necessary  vocabulary  before  he  can  comprehend  the  advanced  work. 

Papers  on  technical  subjects  must  therefore  be  written  with  the 
capacity  of  the  reader  in  view.  For  the  business  man,  the  conclusions 
are  most  important,  but  they  should  be  supported  by  such  a  clear  dis- 
cussion of  the  facts  and  such  a  presentation  of  logical  arguments  as 
will  appeal  to  his  judgment  and  common  sense.  The  principles  by 
which  the  conclusions  are  reached,  and  the  detailed  data  to  which  they 
apply,  are  less  important  but  should  usually  be  presented  as  a  basis  for 
the  conclusion. 

When  the  paper  is  prepared  for  technical  readers  who  have  had 
a  certain  technical  training,  and  are  known  to  understand  certain  scien- 
tific principles,  the  matter  may  be  presented  in  a  different  form  and 
the  special  matters  described  must  be  so  treated  as  to  make  them  plain 
to  others  than  the  specialist.  In  such  cases  the  discussion  of  the  data 
and  the  principles  on  which  the  conclusions  rest,  becomes  the  important 
matter  to  be  considered,  and  the  explanations  are  needed  only  of  those 
technical  details  that  are  special  to  the  subject  and  are  not  coiiimonly 
understood  by  the  general  professional  man. 

When  those  addressed  are  specialists  in  the  matter  discussed,  the 
data  obtained  and  the  methods  of  their  derivation  and  investigation  be- 
come of  primary  importance.  Technical  terms  properly  applied  will 
add  to  the  clearness  of  the  exposition,  and  conclusions  when  drawn 
must  be  the  obvious  deduction  from  the  data  and  the  facts. 

In  the  writing  of  contracts  and  specifications,  which  in  the  execu- 
t;on  of  the  work  must  usually  be  interpreted  by  men  of  varying  capa- 
bilities and  which  may  be  and  frequently  are,  subject  to  the  interpre- 
tation of  the  court,  the  words  should  be  as  carefully  chosen  to  express 
the  exact  meaning  as  are  the  mathematical  symbols  in^an  equation. 


84  The  Use  of  English 

There  should  be  but  one  interpretation  and  that  the  one  intended,  and 
the  exact  meaning  of  both  the  common  and  technical  words  or  terms 
used  and  their  local  or  special  significance  should  be  thoroughly  un- 
derstood and  appreciated.  The  use  of  the  technical  vernacular  of  the 
subject  treated  is  desirable  when  it  adds  to  the  clearness  of  the  meaning. 
Ordinary  words  and  terms  must  be  used  with  great  care,  and  fre- 
quently must  be  modified  and  defined  so  as  to  assure  an  exact  interpre- 
tation of  their  meaning. 

§  46.  Knowledge  of  Subject. — The  absolute  prerequisite  for 
clear  and  accurate  technical  writing  is  a  clear  and  accurate  knowl- 
edge of  the  subject  which  is  to  be  discussed  or  described.  While  this 
is  self-evident,  lack  of  such  knowledge  is  nevertheless  an  important  rea- 
son for  much  and  perhaps  most  of  the  obscurity  in  reports,  technical 
papers  and  specifications.  If  a  specification  must  be  prepared  or  a  tech- 
nical detail  described  which  is  imperfectly  understood  by  the  writer, 
how  then  can  it  be  made  clear  to  others?  It  is  impossible  to  convey 
a  true  idea  which  is  not  possessed  by  the  writer,  and  the  idea  con- 
veyed can  never  be  clearer  than  the  writer's  understanding  of  the 
matter  described. 

It  is  evident  that  the  engineer  who  wrote  the  specifications  for 
the  measurement  of  earth  in  embankments  discussed  in  Section  51, 
did  not  fully  and  clearly  understand  or  appreciate  the  element  of 
shrinkage  as  affecting  the  measurement  of  earth  fills  and  entirely 
failed  to  conceive  the  conditions  under  which  such  measurements 
might  have  been  made.  If  these  subjects  had  been  understood,  the 
necessity  of  an  appeal  to  the  court  would  have  been  avoided. 

Accurate  and  complete  knowledge  requires  study,  application, 
effort  and  reflection.  These,  technical  writers  frequently  fail  to 
exercise,  either  from  indolence,  carelessness  or  lack  of  time,  any 
one  of  which  is  a  reason  for  obscure  language,  but  no  one  of  which 
can  be  considered  as  a  valid  excuse  for  such  language. 

A  knowledge  of '  spelling,  punctuation,  grammar,  rhetoric  and 
composition,  and  even  a  broad  experience  in  the  writing  of  tech- 
nical English  will  not  supply  lack  of  knowledge  of  the  subject  mat- 
ter. While  these  subjects  are  necessary  elements  of  good  English, 
and  are  indispensable  for  clear  and  exact  English,  and  while  the 
principles  of  rhetoric  and  composition  are  desirable  and  even  essen- 
tial for  the  best  productions,  they  are  all  secondary  to  the  idea  or 
ideas  which  it  is  desired  to  convey.  Failure  to  possess  or  to  exer- 
cise a  knowledge  of  these  subjects  shows  lack  of  cultivation  and 
is  undesirable,  and  in  important  cases  highly  objectionable.  The 
exercise  of  such  knowledge  is  desirable  as  a  means  to  an  end, 


Knowledge  of  Subject  85 

but  it  cannot,  without  collateral  knowledge  of  the  subject  matter, 
attain  that  end. 

There  are  few  men  thoroughly  versed  in  their  subject  and  fully 
acquainted  with  all  its  details,  who  cannot  present  such  subject, 
orally  at  least,  in  a  clear  and  usually  interesting  manner.  Even 
though  their  grammar  be  defective,  their  sentences  imperfect,  and 
their  entire  presentation  poorly  arranged,  yet  their  knowledge  is 
evident  and  their  efforts  are  appreciated.  The  combination  of  both 
knowledge  and  literary  ability  is  necessary  for  the  presentation  of 
technical  matter  in  clear,  concise  and  correct  language,  and  logt- 
ical  form  naturally  increases  the  ease  with  which  the  hearer  can 
follow  the  argument  and  comprehend  the  ideas.  But  no  literary 
ability,  no  flights  of  rhetoric,  no  elegance  of  diction  or  practice 
in  delivery  or  presentation,  can  replace  or  supply  the  lack  of 
knowledge  of  the  subject  or  convince  the  intelligent  hearer  that 
there  is  more  than  empty  sound  in  such  an  address. 

In  written  papers,  adequate  presentation,  without  some  knowl- 
edge of  the  principles  of  literary  composition,  becomes  more  diffi- 
cult; but  the  principle  remains  that  knowledge  is  the  prime  essential 
and  the  one  element  without  which  even  partial  success  is  impos- 
sible. 

Whatever  the  subject  may  be  and  whatever  the  object  of  the 
paper  which  is  to  be  prepared,  it  can  be  successful  only  when  based 
on  a  sound,  clear,  exact  and  detailed  knowledge  of  the  subject  con- 
sidered. With  such  a  knowledge,  th£  preparation)  pf  sentences, 
paragraphs  and  entire  papers  of  a  form  and  substance  which  can 
be  clearly  understood,  becomes  largely  a  matter  of  care  and  prac- 
tice. With  something  to  say  or  to  explain,  which  is  clearly  under- 
stood by  the  writer,  and  with  the  capacity  of  the  reader  kept  fully 
in  mind,  any  technically  educated  man  can  with  care  and  diligence 
soon  acquire  the  ability  to  write  English. 

Primarily  therefore,  for  technical  writing  of  every  description, 
the  essential  feature  is  to  have  the  subject  well  and  thoroughly  un- 
derstood, to  have  something  to  say,  and  then  to  say  it  in  the  sim- 
plest, plainest,  clearest  language  of  which  the  writer  is  capable, 
keeping  clearly  in  mind  the  capacity  of  the  readers  for  whom  the 
matter  is  intended. 

Knowledge  of  the  subject  is  fundamental  to  success,  and  indis- 
pensable for  clear  technical!  exposition ;  and  secondary,  but  yet  very 
important,  comes  a  knowledge  of  spelling,  punctuation,  grammar, 
rhetoric,  composition,  and  the  meaning  of  words  both  common  and 
technical. 


86  The  Use  of  English 

§  47.  Logical  Arrangement. — While  a  clear  statement  of  facts 
or  requirements  is  essential  to  convey  the  ideas  and  meaning  de- 
sired, when  the  matter  discussed  requires  considerable  space  for 
its  full  consideration,  the  logical  arrangement  of  the  material  be- 
comes hardly  less  important. 

All  technical  writing's  are  intended  to  convey  to  the  reader 
a  knowledge  of  what  the  writer  knows  or  desires,  in  such  a  manner 
that  he  shall  clearly  understand  the  subject  discussed  or  the  re- 
quirements described,  as  completely  as  necessary  or  desirable  for 
the  purpose  in  view.  The  subject  should  be  considered  with  this 
end  in  view.  It  should  be  outlined  in  general  and  then  discussed 
in  detail,  and  the  discussion  should  proceed  logically  from  the 
fundamental  and  essential  features  to  those  that  are  subordinate 
and  less  important. 

The  subject  should  first  be  analyzed  and  its  fundamental  and 
essential  features  separated  and  arranged  in  logical  sequence.  Each 
feature  should  be  further  considered,  and  the  subordinate  but  es- 
sential qualifying  factors  arranged  in  a  similar  manner.  When 
the  entire  subject  has  been  treated  in  this  manner,  and  an  outline 
has  been  prepared,  the  preparation  of  the  written  matter  can  then 
proceed. 

The  subject  should  first  be  discussed  in  a  general  way  so  as 
to  give  at  once  a  concrete  conception  of  the  matter  to  be  treated. 
Following  this  each  feature  can  be  taken  up  in  the  order  determined 
and  discussed  as  fu'lly  as  its  importance  demands.  The  main  ideas 
underlying  the  treatment  should  be:  first,  the  arrangement  of  the 
entire  subject  in  logical  order  both  as  regards  main  features  and 
subordinate  factors ;  and  second,  the  discussion  of  each  feature  and 
each  subordinate  factor  in  a  connected  manner  but  at  the  same 
time  so  distinct  and  separate  as  to  define  accurately  to  the  mind  of 
the  reader  its  relative  importance  and  its  modifying  effect  on  the  en- 
tire subject. 

One  main  idea  and  one  only  should  be  developed  in  a  para- 
graph, and  the  subject  may  and  should  be  divided  into  such  sec- 
tions and  subsections  and  such  chapters  of  other  subdivisions  as 
may  be  necessary  to  accomplish  the  clear  and  logical  presentation 
of  the  subject.  As  the  subject  is  distinct  from  other  subjects,  so 
should  the  main  divisions  be  separate  and  distinct  from  each  other, 
and  each  should  be  devoted  to  the  complete  consideration  of  that 
particular  feature  in  which  it  is  assigned.  In  the  same  manner 
each  subdivision  should  be  devoted  exclusively  to  that  one  of 


The  Outline  87 

the  principal  features  of  the  main  subject  which  is  discussed  there- 
in, and  each  subordinate  idea  or  qualifying  influence  should  be  as- 
signed a  section  or  a  paragraph,  as  its  importance  warrants. 

With  due  study,  reflection  and  practice,  the  development  of 
a  subject  along  the  lines  indicated  is  readily  accomplished  and  if 
carried  out  with  reasonable  intelligence,  will  result  in  a  clear  expo- 
sition of  the  entire  subject. 

§  48.  The  Outline. — The  general  idea  of  the  construction  of 
the  outline  which  should  precede  the  writing  of  any  extended  tech- 
nical paper,  can  be  readily  acquired  by  the  examination  of  the 
table  of  contents  of  any  well  written  technical  book  or  by  the 
study  of  any  well  prepared  specifications.  Chapter  VII  of  this  book 
gives  a  brief  analysis  of  the  whole  subject  of  law,  and  Chapter  IX 
a  more  complete  analysis  of  the  subject  of  contracts.  The  latter 
subject  is  but  a  minor  subdivision  of  the  former,  but  it  would  re- 
quire several  volumes  for  its  complete  consideration. 

In  the  preparation  of  an  outline  it  must  be  understood  that  the 
purpose  for  which  the  paper  is  prepared  may  not  require  complete 
or  even  a  well  balanced  treatment  of  the  subject.  The  purpose  of 
the  paper  may  be  to  develop  and  emphasize  some  particular  phases 
of  the  subject  that  are  most  important  for  the  ends  in  view.  These 
must  receive  more  elaborate  treatment,  and  matters  of  minor  im- 
portance must  be  subordinated  to  the  general  purpose  and  more 
briefly  treated  or  altogether  ignored,  as  their  importance,  relative 
to  the  main  object,  warrants. 

What  ideas  are  to  be  developed,  what  facts  are  to  be  presented, 
and  what  order  of  presentation  will  be  the  best  and  most  logical 
and  will  most  easily  convey  the  meaning  which  it  is  desired  to 
impress  on  the  reader,  are  matters  which  depend  on  the  purpose  for 
which  the  paper  is  prepared  and  the  readers  to  whom  it  will  be 
presented.  In  general,  the  purpose  and  the  reader  must  be  kept 
continuously  in  mind,  and  all  diversions  which  will  tend  to  obscure 
the  main  object  of  the  paper  or  distract  the  attention  of  the  reader 
from  that  object,  must  be  avoided. 

The  outline  should  be  regarded  only  as  a  means  to  an  end,  and 
should  be  changed  or  modified  as  the  necessity  for  alteration  may 
develop  during  the  preparation  of  the  paper.  Facts  and  illustra- 
tions, which  it  may  at  first  seem  desirable  to  utilize,  may  be  found, 
during  the  preparation  of  the  paper,  not  to  yield  to  satis  factory 
treatment,  and  others  may  be  substituted  to  advantage.  In  the  first 
attempts  at  the  preparation  of  such  papers  it  may  reasonably  be 
expected  that  the  development  of  the  subject  will  frequently  make 


88  The  Use  of  English 

desirable  an  entire  reconstruction  and  rearrangement  of  the  outline. 
The  best  results  and  ultimate  facility  in  the  preparation  of  technical 
papers  can  be  secured  only  by  willingness  on  the  part  of  the  writer 
entirely  to  rearrange  and  rewrite  his  paper  as  often  as  he  can  recog- 
nize the  opportunity  for  material  betterments. 

The  actual  preparation  of  an  outline  may  be  preceded  to  ad- 
vantage by  the  analysis  of  existing  papers  on  subjects  similar  to 
that  under  consideration.  The  papers  for  such  study  should  be 
selected  from  the  best  available  sources.  From  the  analysis  so 
made,  an  outline  should  be  prepared  which  will  exhibit  at  a  glance 
the  plan  of  construction  of  the  paper  selected  for  study.  Such  an 
analytical  outline  will  give  the  student  a  clear  idea  of  the  basis 
presumably  used  by  the  best  writers  in  the  preparation  of  their 
papers  and  will  serve  as  a  guide  to  the  preparation  of  an  outline 
for  the  subject  at  hand.  Valuable  suggestions  and  examples  along 
this  line  may  be  found  in  the  following  chapters  on  specifications, 
and  in  various  books  on  English  composition  to  which  references 
are  given  at  the  end  of  this  chapter. 

§  49.  Style. — Technical  men  commonly  possess  an  unwholesome 
disrespect  for  literary  ability.  It  is  often  assumed  by  them  that 
they  are  men  of  action  and  not  of  words,  and  that  therefore  the 
devotion  of  their  attention  to  the  correct  principles  and  methods 
of  literary  expression  is  superfluous  and  non-essential,  and  rather 
to  be  neglected  than  cultivated.  The  education  of  technical  men 
is  largely  scientific,  and  precision  and  efficiency  are  among  the  most 
important  principles  of  their  training.  Such  education  is  not  complete 
until  the  value  of  literary  abijity  is  appreciated.  Let  the  technical  man 
be  scientific  in  his  use  of  language  as  well  as  in  the  development  of 
his  plans.  Let  him  apply  these  principles  in  his  writing  as  well  as 
in  his  work.  Let  the  sequence  of  his  thoughts  be  logical  and  his 
expressions  precise  in  order  that  he  may  secure  the  greatest  efficiency 
in  conveying  by  the  language  used  clear  comprehension  of  the  ideas, 
facts,  opinions  or  requirements  that  he  desires  to  impress  on  his  readers. 
In  this  way  only  can  he  produce  good  technical  letters,  reports,  papers 
and  specifications. 

The  fundamental  principle  of  expression  either  written  or  spoken 
is  to  secure  efficiency  in  the  comprehension  of  ideas  by  the  person  ad- 
dressed, with  the  least  possible  mental  effort.  The  engineer  recognizes 
that  in  machinery,  simplicity  in  design  and  the  proper  arrangements  of 
parts  are  necessary  for  efficiency  in  power  transmission.  Complica- 
tion in  parts,  unnecessary  transformation  and  inconvenient  arrange- 
ment result  in  needless  loss  of  energy,  and  all  losses  in  the  machinery 


Style  89 

reduce  the  amount  of  energy  which  can  be  delivered  for  useful  work, 
and  such  losses  must  therefore  be  reduced  as  far  as  possible. 

The  same  principles  apply  in  the  use  of  language.  The  mental 
power  of  the  reader  is  to  be  utilized  for  the  transmission  of  ideas 
byj  the  mechanism  of  words.  The  amount  of  mental  energy  avail- 
able for  the  purpose  is  limited.  With  this  energy  the  reader  must 
recognize  and  interpret  the  words  used,  arrange  and  combine  the 
images  suggested,  and  finally  must  realize  the  thoughts  conveyed. 
If  the  language  is  confused,  verbose,  or  involved,  more  mental 
energy  is  used  up  in  recognizing  the  words  and  interpreting  them, 
and  the  less  is  available  for  the  understanding  of  the  thought  which 
it  is  desired  to  convey.1  All  losses  in  the  mental  energy  of  the 
reader  must  therefore  be  reduced  to  a  minimum  to  secure  the  best 
results. 

Simplicity  in  .language,  when  practicable,  results  in  the  highest 
efficiency  in  comprehension.  A  gesture  or  an  exclamation  fre- 
quently conveys  a  more  accurate  idea  of  the  thought  or  feelings  than 
a  sentence  or  paragraph,  and  the  spoken  word  is  more  efficient  than 
the  written. 

The  spoken  word  is  received  direct,  with  the  advantage  of  per- 
sonal expression,  and  often  with  a  community  of  knowledge  be- 
tween the  speaker  and  the  persons  addressed.  The  literary  form 
of  oral  expression,  while  important  in  all  cases  and  of  great  im- 
portance in  the  formal  presentation  of  technical  matters,  is  of  less 
importance  than  when  the  same  matter  is  presented  in  written  or 
printed  form.  In  the  ilatter  cases  the  personal  element  is  lacking, 
and  the  meaning  must  be  drawn  solely  from  the  language  used, 
and  everything  that  can  be  done  to  make  the  subject  matter  clear, 
accurate  and  attractive  is  essential  to  the  best  results.  The  careful 
choice  of  words,  the  accurate  use  of  technical  terms,  correct  gram- 
matical construction,  logical  arrangement  of  ideas,  clear  methods 
of  expression,  the  presentation  of  the  matter  in  an  attractive  man- 
ner, are  all  desirable  to  secure  and  hold  the  attention  of  the  reader 
and  to  convey  the  meaning  clearly.  Poor  spelling,  improper  punctu- 
ation, ungrammatical  construction  and  involved  language  draw 
the  attention  to  subordinate  matters  and  lead  the  reader  to  surmise 
that  the  conclusions  presented  may  be  as  erroneous  as  the  form 
in  which  they  appear. 

The  subject  matter  should  not  be  sacrificed  to  the  style,  but 
the  style  should  be  utilized  to  develop  and  illuminate  the  subject 


Spencer,  "The  Philosophy  of  Style." 


90  The  Use  of  English 

matter.  Technical  matters  may  often  be  dry  and,  to  other  than 
technical  men,  uninteresting  and  obscure.  The  careful  choice  of 
words  simplifies  the  subject,  clarifies  the  idea  and  crystallizes  the 
thought  in  the  mind  of  the  reader.  The  careful  selection  of  ex- 
pressions and  the  adaptation  of  a  suitable  literary  style  attract 
and  retain  the  attention,  simplify  the  subject  matter,  and  often  in- 
terest the  reader  in  subjects  of  which  he  would  otherwise  weary. 

There  are  few  needs  for  elaborate  rhetorical  effort  in  technical 
writing;  such  efforts,  even  if  they  do  not  appear  absurd,  attract 
attention  to  the  manner  of  expression  rather  than  to  the  matter 
expressed,  and  hence  are  objectionable.  The  language  should  be 
brief  and  exact  and  the  words  should  be  simple  but  .  carefully 
chosen.  The  point  of  view  and  the  extent  of  knowledge  of  the 
reader  must  determine  the  degree  of  simplicity  with  which  the  sub- 
ject must  be  treated.  Unessential  and  meaningless  generalities 
should  be  eliminated,  for  they  tend  toward  obscurity  and  the  diver- 
sion of  the  reader's  attention  from  the  main  subject  on  which  his 
thoughts  should  be  concentrated. 

§  50.  The  Choice  of  Words. — Accuracy  of  expression  demands 
a  careful  choice  of  words.  Words  are  never  exactly  synonymous 
in  their  meaning.  Even  when  words  are  derived  from  foreign 
words  of  exactly  synonymous  meaning,  they  are  adapted  in  the 
English  to  express  ideas  more  or  less  different.  In  the  growth  and 
development  of  language  words  often  acquire  other  special  mean- 
ings perhaps  quite  foreign  to  that  conveyed  by  the  original  signifi- 
cation. These  changes  grow  from  the  orignal  meanings  based  on 
physical  likeness,  association,  similarity  of  relation,  use  of  a  part  for 
the  whole,  adaptation  of  the  mental  for  the  physical,  and  idiomatic 
metaphors. 

Take  for  example  the  changes  and  extension  in  meaning  of 
the  common  word  head:2 

1.  The  original  physical  meaning:  Head. 

2.  From  physical  ilikeness  :  The  head  of  a  river ;  or  the  consumma- 
tion of  a  development  to  come  to  a  head. 

3.  From  association :  The  head  of  a  bed. 

4.  Similarity  of  relation :  The  head  of  a  business. 

5.  The  part  for  the  whole :  A  hundred  head  of  horses. 

6.  Mental  for  physical :  A  clear  head. 

7.  Metaphorical  i  Over   head   in   debt.     To   make   head   against 
obstacles. 


2  See  Anderson's  "Study  of  English  Words." 


Choice  of  Words  91 

Words,  from  some  special  and  peculiar  association,  sometimes 
also  acquire  a  meaning  distinctly  foreign  to  their  ordinary  sig- 
nification. For  example,  the  term  expert  means  one  who  is  es- 
pecially well  versed  in  any  matter  requiring  a  special  training  to 
qualify  a  person  to  understand  or  act  intelligently  in  such  matter. 
On  account  of  the  abuse  of  the  term,  and  the  wrongful  acts  of  some 
parties  claiming  this  title,  the  term  is  sometimes  satirically  used  as  a 
term  of  scorn  or  reproach. 

Most  common  words  have  numerous  meanings  which  are 
often  difficult  to  differentiate  even  when  properly  used.  Frequently 
such  meanings  are  unauthorized  by  good  usage,  and  such  use 
should  be  discouraged  and  discountenanced  as  it  obscures  the  lan- 
guage and  makes  necessary  an  accurate  definition  of  the  special 
meaning  in  which  it  is  to  be  understood  in  important  papers. 

Take  for  example  the  following  thirteen  uses  of  the  word 
rock  and  the  difficulties  attendant  on  its  specific  use  in  the  limited 
sense  as  further  discussed  in  Chapter  XVII.  It  may  have  meanings 
in  accordance  with  its  various  uses  as  follows: 

Geologically:  Any  mass  of  mineral  matter,  in  its  natural  bed  of 
which  the  earth's  crust  is  composed,  whether  solid  or  fragmentary. 
Popular:  i.  A  stone  of  any  size,  even  a  pebble. 

2.  A  mass  of  indurated  stone,  forming  a  promontory  or  cliff. 

3.  Natural  crystals  or  candy  in  crystalline  form. 
Figurative:  i.  A  foundation,  support  or  refuge. 
2.  A  source  of  peril. 

Technical:  i.  Indurated  formation  of  different  degrees  of  hard- 
ness.3 

2.  A  kind  of  soap. 

3.  A  kind  of  hard  cheese. 

4.  Ore  (used  among  the  Michigan  copper  mines).4 
Slang:  i.  Money  or  wealth. 

2.  Rough,  uncouth  (feelings  or  appearance). 

Association:  Rock  fish — rock  dove. 

The  term  "watershed"  formerly  meant  only  "the  line  of  division 
between  two  adjacent  drainage  areas."  As  such  a  line  defines  the 
"drainage  area"  itself,  the  term  has  been  gradually;  applied  to  "the 
whole  region  which  contributes  to  the  supply  of  a  river  or  lake,"  that  is 
to  the  drainage  area,  and  this  definition  of  "water  shed"  is  now  recog- 
nized as  good  usage.  The  term  "catchment  area"  is  also  sometimes 


3  See  also  sees.  205,  206. 

*  A  misleading  and  unwarranted  use  of  the  word. 


92  The  Use  of  English 

used  synonymously  with  "drainage  area."  "Drainage  area"  or  "catch- 
ment area"  has  only  a  single  meaning  and  cannot  be  misunderstood. 
One  of  these  should  be  used  lin  preference  to  the  more  indefinite 
term  "watershed."  "Drainage  area,"  being  the  more  common  term  is 
usually  more  appropriate  when  used  for  non-technical  readers. 

The  above  examples  will  indicate  something  of  the  difficulties 
which  will  be  encountered  in  conveying  id.eas  without  a  careful, 
study  and  discrimination  in  the  use  of  words.  No  attempt  to  con- 
sider this  subject  in  particular  is  possible  in  the  limits  of  this 
chapter,  but  a  warning  of  the  difficulties  to  be  encountered  in  the 
selection  and  use  of  words,  terms  and  clauses  should  be  sufficient 
to  encourage  the  study  in  the  lines  suggested  by  means  of  the 
references  given  at  the  end  of  this  chapter. 

As  words  are  used  to  convey  ideas,  those  words  should  be 
chosen  which  both  accurately  express  the  idea  to  be  conveyed  and 
are  most  familiar  to  those  to  whom  the  words  are  addressed. 

Most  of  the  English  words  in  constant  daily  use,  and  most  intimately 
connected  with  the  personal  and  familiar  affairs  of  life,  are  of  Saxon 
origin.  They  are  understood  more  quickly  and  move  the  hearer 
more  forcibly  than  similar  words  of  Latin  origin.  Latin  words, 
however,  are  more  elaborate,  more  scholarly,  and  more  exact. 
Words  of  Latin  origin  must  be  used  by  the  technologist  in  the 
scientific  discussion  of  technical  subjects,  on  account  of  their 
greater  exactness,  and  the  suggestions  associated  with  such  scien- 
tific terms.  The  selection  of  words  of  Saxon  or  Latin  origin  for  use 
in  technical  papers  would  therefore  depend  on  the  subject  discussed, 
the  object  of  the  writer,  and  the  technical  education  of  the  reader. 
In  reports  and  papers  intended  to  explain  technical  matters  to  the 
public,  or  to  non-technical  clients,  Latin  terms  should  be  avoided! 
and  simple  Saxon  words  used  so  far  as  possible.  When  technical 
matters  are  presented  to  technical  readers,  the  use  of  Latin  terms 
is  not  only  admissible  but  absolutely  essential  to  clear  exposition. 

Simplicity  in  understanding  is  not  always  assured  by  simplicity 
in  language.  The  more  exact  terms  are  always  preferable  if  the 
reader  can  easily  comprehend  their  meaning. 

§  51.  The  Precise  Use  of  Words. — The  habit  of  the  careless  use 
of  words  is  unfortunately  acquired  by  almost  every  person  with  his 
early  use  of  language.  In  ordinary  intercourse,  the  subject  discussed 
is  often  so  familiar  and  the  conditions  so  well  known  to  both  parties  to 
the  conversation  that  the  meaning  of  the  language  used  is  often  quite 
obvious,  even  if  the  words  used  do  not  express  the  exact  meaning  which 


Precise  Use  of  Words  93 

the  speaker  intends  to  convey.  When,  however,  the  subject  is  unfamil- 
iar, and  the  ideas  to  be  conveyed  are  intricate  or  involved,  the  words 
must  be  used  with  precision  or  the  meaning  to  be  conveyed  is  obscured, 
distorted  or  entirely  lost.  Outside  of  the  legal  profession,  there  is  no 
profession  in  which  careful  discrimination  in  the  use  of  words  is  so  im- 
portant as  in  the  profession  of  engineering  and  the  closely  related  pro- 
fession of  architecture.  The  records  of  the  courts  are  full  of  cases 
involving  the  interpretation  of  the  meaning  of  words.  In  1855  a  case 
was  taken  into  court  on  account  of  a  contract  in  which  the  words 
"road"  and  "track"  were  indiscriminately  used,  A  railroad  was  to  be 
built  between  certain  termini,  according  to  certain  specifications  and 
at  an  agreed  price  per  mile.  The  question  at  issue  involved  the  deter- 
mination of  whether  the  price  was  per  mile  of  track,  including  main 
track,  side  tracks,  etc.,  or  per  mile  of  roadbed.  The  latter  interpreta- 
tion was  applied,  apparently  for  the  reason  that  the  contractor  had  ac- 
cepted monthly  payments  on  that  basis  without  any  claim  for  side 
tracks  and  turnouts.8 

Another  legal  discussion,  which  illustrates  the  necessity  for  pre- 
cise language  in  order  that  only  a  single  interpretation  may  be  possible, 
was  handed  down  in  a  case  that  came  up  in  the  construction  of  the 
Northern  Pacific  "Railroad.6  The  dispute  arose  over  the  amount  of 
earth  excavated  from  certain  ditches  and  used  in  an  embankment. 
The  specifications  apparently  read  approximately  as  follows:7 

"Earth  will  be  measured  in  excavation;  but  when  earth  is  taken  from 
borrow  pits  or  ditches  not  easily  measured,  the  earth  may  be  measured  in 
embankment,  in  which  case  an  allowance  of  10  per  cent  for  shrinkage  will 
be  made." 

While  at  first  reading  this  specification  appears  plain  and  without 
ambiguity,  it  is  in  reality  capable  of  two  interpretations,  dependent 
upon  whether  the  10  per  cent  allowance  for  shrinkage  is  applied  to  the 
cut  or  fill.  In  the  case  in  question,  an  embankment  of  100,000  cubic 
yards  of  earth  was  made  from  two  cuts  that  measured  60,000  cubic 
yards,  and  the  remainder  from  ditches  that  were  not  measured.  As 
earth  work  is  commonly  estimated  to  shrink  10  per  cent,  one  cubic  yard 
of  cut  would  shrink  to  .9  cubic  yard  of  fill.  On  this  basis  100,000 
cubic  yards  of  fill  must  have  required  iii,in  cubic  yards  of  cut,  and 
the  amount  due  the  contractor  would  be: 


5  See  Wait,  Engineering  and  Architectural  Jurisprudence,  sec.  601. 
e  See  Wait,  Engineering  and  Architectural  Jurisprudence,  sec.  601. 
7  Eng.  News.  Sup.,  Vol.  51,  p.  129. 


94  The  Use  of  English 

100,000   -=-  .9    ^ 111,111  cu.  yds. 

From  cuts    .  60,000  cu.  yds. 


From   ditches 51,111  cu.  yds. 

The  contractor,  however,  estimated  the  amount  due  him  on  the 
basis  that  the  shrinkage  allowance  applied  to  the  fill,  his  computation 
being  as  follows : 

110  per  cent  x  100,000  110',000  cu.  yds. 

From   cuts    60,000  cu.  yds. 

From   ditches    50,000  cu.  yds. 

The  engineer  and  the  company,  on  the  other  hand,  while  differ- 
ing between  themselves,  entirely  misinterpreted  the  basis  on  which  the 
shrinkage  should  be  measured,  and  computed  the  yardage  as  follows : 
The  engineer's  computation: 

Total  yardage   100,000  cu.  yds. 

From  cuts    .  60,000  cu.  yds. 


90%)   40,000 


From   ditches    44,444  cu.  yds. 

The  company's  computation: 

Total   yardage    100,000  cu.  yds. 

From   cuts    60,000  cu.  yds. 


40,000 
110% 

From   ditches    44,000  cu.  yds. 

The  lower  court  sustained  the  estimate  of  the  company,  which,  re- 
gardless of  the  interpretation  of 'the  shrinkage  percentage,  was  the 
farthest  from  the  truth. 

The  illustration  shows  not  only  the  necessity  of  the  careful  use  of 
words,  but  illustrates  the  further  fact  that  engineers  are  liable  to  errors 
in  their  findings,  and  sometimes  fail  to  understand  the  basic  principle 
that  underlies  their  problem,  and  that  courts  must  be  furnished  with 
carefully  prepared  expert  testimony  if  they  are  to  reach  substantial 
justice  in  their  findings.  If  this  specification  had  been  so  written  that 
there  was  only  one  possible  way  of  interpretation,  there  would  have 
been  no  le^al  proceedings,  for  only  one  method  of  computation  would 
have  been  possible.  See  Sec.  209. 

§  52.  Punctuation  and  the  Arrangement  of  Words  in  a  Sen- 
tence.— It  is  obvious  that  the  meaning  of  an  expression  or  sentence 
is  largely  controlled  by  the  arrangement  of  words  and  by  the  emphasis 
that  is  given  in  their  oral  expression.  In  writing,  the  emphasis  to  be 


Punctuation  and  Arrangement  95 

observed  must  be  implied  by  the  arrangement  or  indicated  by  punctu- 
ation. An  accurate  understanding  of  the  meaning  of  the  language 
used  can  therefore  be  assured  only  by  care  in  the  selection  of  words  and 
in  their  arrangement  or  by  punctuation  or  both.  There  is  perhaps  a 
tendency  at  the  present  time  to  eliminate  all  punctuation  that  is  not 
essential  to  determine  the  meaning  of  a  sentence,  and  in  many  cases 
with  the  proper  arrangement  of  words  the  meaning  will  remain  clear 
without  punctuation.  This  tendency  often  results  in  the  omission  of 
punctuation  where  it  is  needed  to  give  the  meaning  which  it  is  desired 
to  convey.  When  punctuation  is  omitted,  though  needed  in  order  to 
assure  the  proper  meaning  of  the  sentence,  it  must  be  assumed  by  the 
reader  and  may  consequently  be  improperly  assumed.  A  recent  head- 
ing of  a  newspaper  article  appeared  without  punctuation  as  follows: 
"Indiana  permits  pure  food  only  at  fairs." 

In  this  sentence  the  meaning  must  be  supplied  by  an  assumption 
of  the  punctuation  and  will  be  quite  different  if  the  comma  is  applied 
after  or  before  the  word  "only." 

"Indiana  permits  pure  food  only,  at  fairs." 
"Indiana  permits  pure  food,  only  at  fairs." 

The  true  meaning  without  punctuation  would  be  assured  by  the 
better  arrangement  of  the  words : 

"Indiana  permits  only  pure  food  at  fairs." 

Only  a  proper  arrangement  of  the  words  or  proper  punctuation 
will  make  clear  the  meaning  of  this  sentence. 

In  many  cases  the  meaning  of  a  sentence  will  be  entirely  changed 
by  the  change  in  punctuation  or  by  its  assumption  in  an  unpunctuated 
sentence,  as  for  example : 

"Woman,  without  her,  man  would  be  a  savage." 
"Woman  without  her  man,  would  be  a  savage." 

A  rearrangement  and  slight  change  in  the  wording  would  in  this 
case  assure  an  accurate  understanding  of  the  meaning  to  be  conveyed 
without  punctuation,  as  for  example : 

"Man  would  be  a  savage  without  woman,"  or 
"Man  without  woman  would  be  a  savage." 

It  is  not  our  purpose  to  discuss  the  principles  of  punctuation  or  its 
customary  use,  but  only  to  call  attention  to  the  necessity  of  correct  ap- 
plication, the  confusion  resulting  from  its  improper  use,  and  the  uncer- 
tainties resulting  from  its  omission. 

§  53.  The  Vocabulary. — It  is  important  that  the  engineer 
should  acquire  a  technical  vocabulary  and  a  knowledge  of  the  ver- 
nacular of  the  business  in  which  he  is  employed  or  with  which 
he  may  be  associated.  Otherwise  he  will  not  be  able  to  under- 
stand, give  instructions,  or  furnish  explanation  of  technical  or  trade 


96  The  Use  of  English 

details.  Such  information  is  also  necessary  in  the  preparation  of 
specifications  and  technical  reports  and  papers  for  technical  read- 
ers. Scientific  and  technical  terms  and  the  familiar  and  special 
trade  terms  and  trade  vernacular  simplify  explanations  covering 
materials,  operation  and  details  of  construction,  and  are  absolutely 
necessary  for  reasonable  facility  in  business  transactions.  Mr.  John 
C.  Wait,  a  prominent  engineering  attorney  of  New  York  City,  in 
a  paper  on  the  subject  of  engineering  vernacular,  gives  the  follow- 
ing notes  taken  by  one  of  his  assistants,  concerning  certain  con- 
ditions on  which  the  contractor  on  the  work  desired  advice. 

In  the  first  case,  a  bridge  contractor  stated  that : 

"A.  traveler  was  on  the  lower  cord  of  the  approach  span  of  the  Williams- 
burg  Bridge  and  was  sustained  by  four  guys.  Each  guy  was  held  fast  by 
two  dogs,  after  passing  through  an  opening  in  the  tail  piece.  Tony,  an 
Italian,  had  just  been  sent  out  and  had  given  two  of  the  dogs  a  fresh  bite 
on  the  longest  guy,  when  they  let  loose,  one  of  the  guys  slipped,  and  the 
traveler  tipped  over  and  threw  the  counter-weights  into  the  air  and  they 
went  down  on  the  street  below  and  killed  a  man." 

The  contractor  wanted  to  know  if  he  was  liable. 

In  the  second  case,  a  mason  contractor  stated : 
"He  had  been  employed  to  remodel  a  masonry  dam  and  a  Flemish  bond 
was  first  required  of  him,  but  the  engineer  wanted  a  better  bond  and  insisted 
on  having  greater  security.  The  engineer  insisted  that  the  stretchers  should 
be  bonded  by  an  overlap  of  the  bed  by  not  less  than  fifteen  inches,  and  that 
every  alternate  course  of  the  dam  should  be  tied  with  a  header.  He  also 
required  the  length  of  each  stretcher  to  be  three  times  the  rise,  and  the 
depth  of  the  header  in  the  backing  equal  to  three  times  the  rise,  that  the 
rock  face  of  the  remodeled  dam  should  be  draft-lined,  the  molded  face  should 
be  6-cut,  the  base  pean  hammered  and  the  water-table  the  run  of  the  quarry; 
the  arch  rings  were  to  be  bush-hammered,  close  jointed  and  grouted,  all  to 
be  battered  and  broken  ashlar;  that  the  overflow  should  be  in  12-inch  risers 
and  treads,  and  the  steps  rough-cut,  all  interior  spaces  to  be  thoroughly 
grouted  with  neat  cement." 

The  contractor  desired  to  know  if  he  had  any  redress. 

It  is  doubtful  whether  many  young  engineering  graduates  would 
understand  the  conditions  outlined  much  better  than  did  the  young 
lawyer  in  Mr.  Wait's  office,  yet  the  conditions  are  quite  clearly 
defined  if  the  terms  used  are  understood. 

The  best  method  of  acquiring  a  technical  vocabulary  is  fthe 
direct  study  of  the  words  and  terms  used  in  any  special  vocation 
or  business  when  such  information  is  accessible.  The  reading  of 
the  various  technical  papers  and  the  proceedings  of  the  various 
societies  which  cover  or  include  the  special  subject  in  which  infor- 
mation is  desired  will  often  furnish  valuable  additions  to  the  vo- 
cabulary. The  use  of  standard  dictionaries  is  of  little  value  in  this 


Literature  97 

study  as  the  definitions  given  are  too  general.  Some  valuable  work 
is  being  done  by  various  technical  societies  in  the  definition  of  tech- 
nical terms  and  the  establishment  of  uniform  practice  and  this 
work  should  be  closely  followed. 

LITERATURE 

The  Theory  and  Practice  of  Technical  Writing.     S.  C.  Earle.     The  Macmil- 

lan  Co. 
Handbook  of  English  for  Engineers.    W.   O.  Sypherd.    Scott,  Foresman  & 

Co. 

A  Guide  to  Technical  Writing.     T.  A.  Rickard.    Mining  and  Scientific  Press 
Technical  Writing.    T.  A,  Reckard,  John  Wiley  &  Sons,  Inc.  New  York. 
English  and  Engineering.    Frank  Aydelotte.     McGraw-Hill  Book  Co.,  New 

York. 
Composition  of  Technical  Papers.     H.  A.  Watt.     McGraw-Hill  Book  Co., 

New  York. 

A  Manual  for  Writers.    J.  M.  Manly  and  J.  A.  Powell.    University  of  Chi- 
cago Press,  Chicago. 
Language  for  Men  of  Affairs.    Vol.  I,  How  to  Talk,  J.  M.  Clapp.    Vol.  II, 

Business  Writing,  J.  M.  Lee.     The  Ronald  Press  Co.,  New  York. 
Vovational  English.     W.  R.  Bowlin  and  G.  L.  Marsh.     Scott,  Foresman  & 

Co.,  New  York. 
Handbook  of  Business  English.     G.  B.  Hotchkiss  and  E.  J.  Kilduff.    New 

York  University  Book  Store,  New  York. 
Handbook  of   Style.     In   use   at   the   Riverside   Press,   Cambridge,   Mass. 

Houghton  Mifflin  Co.,  New  York. 
Note-Taking.     S.  S.  Seward,  Jr.     Allyn  &  Bacon. 
The  Art  of  Writing  and  Speaking  the  English  Language.     (6  small  vols.) 

Sherwin  Cody. 

Effective  Business  Letters.      A.  H.  Gardner.      The  Ronald  Press  Co. 
Putnam's  Correspondence  Handbook.    Eleanore  Banks.     G.  P.  Putnam's  Sons. 
Conservation  of  English  Speech.     J.  F.  Ferrald.     Funk  &  Wagnalls  Co. 
Handbook  of  Composition.      E.  C.  Mollet.      D.  C.  Heath  &  Co. 
The  Correct  Word.      J.  T.  Baker.      Correct  English  Pub.  Co. 
Errors  in  English.      F.  H.  Vizetelly.      Funk  &  Wagnalls  Co. 
The  Essentials  of  Composition  and  Rhetoric.       A.  H.  Espenshade.       D.  C. 

Heath  Co. 

A  Study  of  English  Words.     J.  M.  Anderson.     Am.  Book  Co. 
Expository  Writing.    M.  G.  Fulton.     The  Macmillan  Co. 
Elements  of  English   Composition.     Gardner,   Kittredge  and  (Arnold.     Ginn 

&  Co. 

English  Composition.     Barrett  Wendell.     Chas.  Scribner's  Sons. 
Essentials  of  Exposition  and  Argument.    W.  F.  Foster.  Houghton,  Mifflin  Co. 
English  Prose  Composition.     Edward  Fulton.     Henry  Holt  &  Co. 
Words  and  Their  Uses.     R.  G.  White.     Houghton,  Mifflin  Co. 
Every-Day  English.     R.  G.  White.     Houghton,  Mifflin  Co. 
Soule's  Dictionary  of  English  Synonyms.     G.  H.  Howison.    Little  Brown  & 
Co. 


98  The  Use  of  English 

English   Synonyms,   Antonyms   and    Prepositions.    J.    C.    Ferrald.     Funk   & 

Wagnalls  Co. 

Crabb's  English  Synonyms.    George  Crabb.    Harper  &  Brothers. 
Standard  Thesaurus  of  English  Words  and  Phrases.     C.  V.  S.  Mawson.     The 

Kelmscott  Society. 

Putnam's  Word  Book.     L.  A.  Fleming.     G.  P.  Putnam's  Sons. 
Faults    of    Technical   Literature,    by    R.    Fleming.       Eng.    News,    Vol.    74, 

p.  548. 

The  Authors  Part  in  the  Technic  of  B'ook  Making.  Editorial,  Eng.  News 
Supplement,  July  13,  1905. 

Engineering  English.  Discusses  desirability  of  training  technical  stu- 
dents in  use  of  English.  Harry  R.  O'Brien.  Eng.  News,  Vol.  70,  p.  914. 

New  Standards  in  Engineering  Literature.  Discussion  of  needs  for 
greater  care  in  preparation  of  published  matter.  Staff  Article,  Eng.  News, 
Vol.  56,  p.  688. 

The  Making  of  Literature  for  Engineers.  Discusses  necessity  for  tech- 
nical literature  and  the  standards  of  journalism.  Charles  Whiting  Baker. 
Eng.  News  Supplement,  Apr.  16,  1908. 

English  Language  and  the  Engineering  Student.  Eng.  News  Sup.  July  16, 
1903. 

Literary  Style  in  Technical  Writings.  Discussion  of  desirability  of  pre- 
senting technical  subjects  in  a  readable  manner.  Editorial,  Eng.  News  Sup- 
plement, Sept.  15,  1910. 

Precision  in  the  use  of  Words.  Editorial,  Eng.  News  Supplement,  Dec.  3, 
1903. 


CHAPTER  VI 
LETTERS  AND  REPORTS 

§  54.  Importance  of  Properly  Written  Letters. — Usually  the 
first  introduction  of  the  engineer  or  architect  to  those  from  whom  he  de- 
sires employment  comes  through  the  spoken  or  written  word,  and  a 
clear  and  concise  statement  of  his  claims  to  employment,  of  his  educa- 
tion and  previous  experience,  presented  in  proper  form,  is  an  impor- 
tant element  in  securing  the  position  he  desires.  A  letter  poorly  writ- 
ten, poorly  worded,  mispelled,  ungrammatical,  improperly  punctuated 
and  illogically  arranged,  marks  the  writer  as  careless  and  more  or  less 
ignorant  and  is  an  unfortunate  introduction. 

Personality  in  a  personal  application  may  to  some  extent  overcome 
ungrammatical  and  incorrect  language,  and  at  least  the  spoken  word 
leaves  no  lasting  record  behind ;  but  a  poorly  written  letter  may  pass 
from  hand  to  hand  and  may  leave  an  enduring  record  of  incompetency. 

In  later  business  and  professional  life,  the  art  of  letter  writing  is 
of  no  less  importance.  The  impression  conveyed  by  a  clear,  concise 
and  properly  arranged  letter  is  of  great  advantage,  and  business  trans- 
actions are  greatly  facilitated  by  such  letters.  Much  time  is  often  lost 
through  careless  letter  writing  where  the  failure  plainly  to  state  the 
facts  which  it  is  desired  to  communicate,  necessitates  a  request  for  ex- 
planation or  further  information. 

§  55.  Business  Letters. — In  the  writing  of  business  letters, 
certain  more  or  less  formal  methods  of  arrangement  have  been  gener- 
ally adopted  and  the  use  of  such  arrangement  is  desirable  as  showing 
the  familiarity  of  the  writer  with  good  usage.  The  principal  require- 
ments for  the  proper  preparation  of  a  business  letter  are  as  follows : 

Heading. — The  address  in  the  heading  should  always  be  suffi- 
ciently complete  for  postal  purposes.  If  a  street  and  house  number 
are  necessary,  they  should  precede  the  name  of  the  city,  but  the  date 
should  come  afterward  and  not  before.  It  is  desirable  to  use  the  name, 
not  the  number  of  the  month ;  the  number  of  the  day  of  the  month,  and 
the  complete  number  for  the  year.  The  day  of  the  month  and  house 
number  should  be  Arabic  numerals,  but  street  numbers  if  less  than  one 
hundred  are  usually  spelled  out. 

Abbreviations. — While  for  formal  letters  it  is  perhaps  more  digni- 
fied to  avo;d  abbreviations  in  both  the  heading  and  salutation  of  the 


100  Letters  and  Reports 

letter  and  in  addressing  the  envelope,  it  is  both  permissible  and  desir- 
able to  use  such  abbreviations  in  business  letters  for  the  name  of  the 
months  and  of  the  states. 

Address. — The  salutation  address  may  omit  the  street  and  house 
number,  but  the  name  of  the  city  and  state  should  always  be  included 
in  formal  letters  and  the  title  "Mr.,"  "Messrs.,"  etc.,  should  always  be 
used  as  a  matter  of  courtesy. 

Salutation.— Use  the  form  "Dear  Sir,"  not  "My  Dear  Mr.  -  — ," 
unless  you  are  quite  intimately  acquainted  with  the  party  to  whom  the 
letter  is  written.  In  official  communications  and  letters  to  Govern- 
ment officials,  use  the  still  more  formal  "Sir." 

Subject  Heading. — The  use  of  a  subject  heading  in  all  business  let- 
ters is  very  desirable.  Its  use  in  applications  for  employment  is  ad- 
vised as  it  gives  the  idea  of  familiarity  with  business  methods.  It 
should  be  placed  at  the  right  and  just  above  the  body  of  the  letter,  as 
follows :  "Application  for  Employment."  For  examples  of  the  proper 
form  of  business  letters  see  Section  59. 

§  56.  Suggestions  Concerning  Letters  of  Application  for  Em- 
ployment.— Great  care  should  be  used  in  writing  letters  of  applica- 
cation  for  employment.  The  handwriting  shows  character  and  is  often 
required  in  applications  for  positions.  For  this  reason  such  letters 
should  be  written,  not  typewritten,  unless  unfortunately  the  handwrit- 
ing is  so  poor  as  to  make  such  a  form  of  application  hopeless. 

It  should  be  borne  in  mind  that  the  prospective  employer  probably 
has  no  knowledge  of  the  applicant  other  than  that  afforded  by  the  let- 
ter. The  success  of  the  applicant  will  depend  upon  his  creating  a  fa- 
vorable impression  and  to  this  end  neatness,  proper  form,  good  gram- 
mer,  correct  spelling,  definiteness  of  expression  and  good  composition 
are  highly  important.  The  qualifications  of  the  applicant  should  be 
presented  fully,  clearly,  concisely  and  logically. 

The  paper  used  should  be  of  commercial  note  size,  and  of  good 
quality.  Scrap  paper  or  paper  punched  or  specially  ruled  for  tech- 
nical work,  is  unsuitable.  The  writing  should  not  be  crowded  and 
should  be  properly  centered  on  the  sheet. 

The  young  engineer,  especially  when  just  graduated,  should 
not  be  too  ambitious  in  his  application  for  work  and  should  not 
limit  too  closely  the  character  of  work  for  which  he  applies.  Un- 
less he  has  had  considerable  experience,  he  should  not  apply  for  a 
position  as  a  "civil  engineer,"  "electrical  engineer,"  etc.,  but  for  a 
"position"  or  a  "position  as  assistant."  He  may  give  an  idea  of 
the  work  which  most  interests  him,  but  should  express  his  willing- 


Application  for  Employment  101 

ness  to  accept  any  reasonable  position  as  he  is  seldom  qualified  or 
in  position  to  command  any  important  place  on  an  engineering 
staff. 

When  the  young  engineer  has  done  previous  work,  his  former 
salary  may  be  mentioned,  but  otherwise  the  matter  of  salary  should 
be  left  to  a  later  communication.  He  should  not  give  the  idea  that 
the  question  of  salary  is  first  in  his  mind. 

§  57.  Important  Suggestions. — Economy  and  efficiency  in  the 
use  of  language  are  essential  in  letter  writing  as  in  other  engineering 
writing.  After  writing  a  sentence  : 

(1)  See  how  many  words  can  be  omitted  or  changed,  leaving 
the  meaning  clearer  and  stronger. 

(2)  See   how   the   same   idea   can   be   expressed   in   better   and 
clearer  terms.  ,  .  y.'-  : 

Do  not  write : 

"I  wish  herewith  to  enter  my  application  for" 

"I  hereby  wish  to  make  application  for" 

"Allow  me,  respectfully,  to  offer  myself  as  an  applicant  for" 

"I  would  like  to  enter  an  application  for" 

"I  wish  to  take  this  means  of  applying* to  you  for" 

Instead  of  the  above  write: 

"I  respectfully  apply  for" 

Statements  should  not  be  too  blunt.  It  is  unnecessary  to 
write :  "I  have  not  had  any  practical  experience."  Write  prefer- 
ably: "My  knowledge  and  experience  are  limited  to  my  work  at  the 
university." 

References. — Avoid,  "For  references  I  suggest  the  following"  or 
"Please  refer  to  the  following :"  Use  instead  "I  respectfully  refer  you 

to ."     Reference  to  a  school  college  or  university  is  improper. 

Refer  to  some  particular  teacher,  professor  or  official  of  such  institution; 
Reference  to  a  bank  is  proper  for  financial  standing.  For  personal 
standing,  the  name  and  position  of  an  official  should  be  given. 

In  personal  applications  for  work,  open  letters  of  recommendation 
are  of  little  weight.  They  are,  of  course,  favorable  or  they  would  not 
have  been  written  or  presented.  The  employer  usually  prefers  a  per- 
sonal and  private  letter  addressed  to  himself  from  some  one  of  standing 
or  reputation.  He  has  probably  written  too  many  general  open  letters 
of  recommendation  himself  to  have  much  confidence  in  them.  Most  po- 
sitions are  secured  by  personal  applications,  and  too  much  must  not  be 
expected  from  general  letters  of  application  although  they  frequently 
result  in  uncovering  vacancies  for  which  personal  a™Vi>at:on  st-ould 
usually  be  made. 


102  Letters  and  Reports 

Finally. — The  letter  should  be  reread  after  it  has  been  written  to 
see  that  no  essential  word  or  words  have  been  omitted  or  misspelled 
and  to  see  that  it  is  signed.  Omitted  words  and  especially  an  omitted 
signature,  show  carelessness  that  is  not  a  good  recommendation  for  a 
position. 

Further  details  of  the  general  subject  of  letter  writing  are  given  in 
the  following  discussions. 

§  58.  The  Employer's  Viewpoint. — Mr.  C.  A.  Bock,  Secretary 
of  the  Morgan  Engineering  Company,  as  a  result  of  an  examination  of 
over  3,000  letters  .of  application,  embodied  his  views  in  a  letter  that  is 
so  pertinent  that  it  is  here  abstracted  at  considerable  length.  (See  Eng. 
News,  Vol.  76,  p..  258.) 

"In  the  applications  from  college  graduates  common  faults  are  poor 
spelling,  careless  handwriting,  lack  of  definiteness,  poor  composition  and  a 
generally  slovenly  appearance.  While  it  is  not  to  be  expected  that  a  young 
and  inexperienced  man  will  turn  out  a  faultless  composition,  it  is  assumed 
that  if  he  has  potential  ability  he  will  not  exhibit  gross  carelessness  in  a  let- 
ter of  this  kind.  The  habit  of  error  and  carelessness  is  particularly  dis- 
qualifying for  engineering  work  and  will  not  be  tolerated  by  competent  engi- 
neers. 

"The  applicant's  greatest  difficulty  probably  arises  from  his  inability  to 
appreciate  the  employer's  view  point.  He  should  remember  that  all  the  em- 
ployer has  to  judge  from  is  just  what  he  sees  in  the  letter.  If  he  sees  poor 
writing,  spelling  and  diction,  lack  of  definite  information  or  meager  informa- 
tion, presented  in  a  disorderly  manner,  it  is  but  reasonable  to  expect  that  he 
will  form  an  indifferent  opinion  of  the  writer's  ability.  It  is  usually  desired 
that  the  first  letter  give  full  information  as  to  the  applicant's  qualifications. 
While  often  a  number  of  letters  may  be  exchanged  before  the  man  is  engaged, 
the  first  letter  makes  the  greatest  impression. 

"The  applicant  must  ask  himself  just  what  are  the  things  that  the  em- 
ployer would  want  to  know  about  the  man  he  wishes  to  employ.  He  must 
analyze  the  requirements  of  the  opening  he  wishes  to  fill  and  then  set  forth 
his  qualifications  logically,  in  the  order  of  their  importance.  This  does  not 
mean  that  qualifications  should  be  manufactured  to  meet  the  requirements, 
nor  that  he  should  unduly  enlarge  upon  his  previous  experience.  Such  ex- 
pedients generally  are  very  easily  detected  and  reflect  little  credit  on  the  man 
who  resorts  to  them. 

"The  letter  should  be  concise  and  come  to  the  essentials  without  prelude, 
but  must  not  be  brief  to  the  point  of  sacrificing  pertinent  information.  A 
common  mistake  is  that  of  devoting  a  long  paragraph  to  stating  that  "I  real- 
ize that  a  large  number  of  applications  will  doubtless  be  received  and  that  it 
will  require  a  great  deal  of  your  time  to  read  through  them  all,  and  it  will 
probably  be  very  difficult  to  decide,"  etc.  Simple,  direct  statements,  neatly 
written  in  well-balanced  sentences,  will  nearly  always  make  a  favorable  im- 
pression, and  much  can  be  accomplished  by  logical  paragraphing. 


Application  for  Employment  103 

"A  very  short  letter  is  not  likely  to  accomplish  much  for  the  writer  unlsss 
he  is  already  personally  known.  Single-sentence  letters  or  brief  inquiries 
asking  detailed  information  concerning  the  vacancy  and  telling  nothing  of 
the  writer's  qualifications-at  once  give  the  impression  that  he  would  be  more 
interested  in  personal  advantages  than  in  serving  his  employer  and  that  he 
is  not  over-anxious  to  secure  the  position. 

*  *  *  "Many  capable  and  deserving  men,  do  not  realize  the  bearing  that 
the  writing  of  an  application  may  have  upon  their  prospects.  Men  of  indif- 
ferent ability  frequently  secure  positions  simply  through  a  favorable  presen- 
tation of  their  supposed  fitness,  and  it  is  often  the  case,  especially  with 
younger  men,  that  the  one  who  makes  the  neatest  and  best  presentation  of 
his  qualifications  secures  the  position  rather  than  the  one  who  has  greater 
ability,  but  lacks  the  faculty  of  presenting  his  qualifications. 

In  replying  to  an  advertisement  or  to  a  letter,  any  requests  for  certain 
items  of  information  should  be  fully  complied  with.  A  point  illustrating  this 
requirement  which  has  repeatedly  come  to  the  writer's  observation  is  the  fact 
the  draftsmen,  when  asked  for  a  small  sample  of  their  lettering,  seem  to 
think  it  necessary  to  submit  several  large  bulky  drawings  *  *  *  instead 
of  submitting  a  smaller  sheet  that  would  easily  contain  a  fair  sample  of  their 
work."  *  *  * 

Commenting  on  this  letter  the  Engineering  News  states  editori- 
ally: 

*  *  *  "Mr.  Bock's  suggestions,  are  likely  to  be  found  useful,  not  only 
by  the  large  crop  of  June  graduates  of  the  present  year,  whom  he  mentions 
in  his  opening  paragraph,  but  by  many  engineers  of  experience  and  high 
standing. 

"It  occurs  to  us,  in  this  connection,  to  add  to  those  given  by  Mr.  Bock, 
another  useful  hint  that  we  happen  to  know  has  been  found  helpful  by  many 
engineers  inexperienced  in  going  about  the  task  of  seeking  a  position.  Our 
suggestion  is  that  the  engineer  who  is  seeking  a  position  should  prepare  a 
letter  setting  forth  in  fairly  complete  form  just  what  his  professional  ex- 
perience has  been,  including  in  this,  of  course,  a  statement  as  to  his  educa- 
tion and  personal  characteristics,  such  as  a  prospective  employer  would  de- 
sire to  have.  A  list  of  references,  stating  in  connection  with  each  reference 
just  what  particular  part  of  the  applicant's  experience  or  characteristics  it 
treats  of,  should  also  accompany  the  letter. 

"This  otatement  should  be  neatly  typewritten  on  good  paper  of  standard 
letter  size,  and  a  copy  can  then  be  inclosed  with  any  letter  of  application  or 
reply  to  an  advertisement.  In  this  way  the  letter  of  application  itself  can  be 
made  brief  and  businesslike,  and  can  emphasize  any  special  fitness  which  the 
writer  may  think  he  possesses  for  filling  the  particular  position  to  which  the 
letter  relates.  At  the  same  time  the  employer  is  given  all  the  facts  con- 
cerning the  applicant  that  he  is  likely  to  need,  in  a  form  where  they  are 
readily  filed  for  examination."  *  *  *  * 

See  Eng.  News  Vol.  76,  p.  275. 

§  59.  Examples  of  Letters  of  Application  for  Positions. — As 

examples  of  letters  of  application  which  are  fairly  satisfactory,  several 
actual  letters  are  here  given  in  a  slightly  modified  form. 


104  Letters  and  Reports 

Example  A 
1312  South  Street, 
New  York,  February  8,  1914. 
Mr.  X.  Y.  Z.,  Consulting  Engineer, 
213  State  St., 

Buffalo,  N.  Y. 
Dear  Sir: 

I  am  writing  to  request  the  favor  of  an  interview  with  you  at  your  con- 
venience with  the  view  of  securing  a  position  in  hydraulic  work. 

I  am  a  graduate  of  -       -  College,  and  also  of  the  Civil  Engineering  De- 
partment of  the  University  of . 


For  a  year  I  was  assistant  to  the  Chief  Engineer,  Mr. ,  of  the 


Water  Company,  and  later  Civil  and  Hydraulic  Engineer  for  Mr. ,  Con- 
sulting Engineer,  —  — .  I  made  the  preliminary  surveys,  gagings,  etc.,  and 
in  the  office  prepared  the  structural  and  hydraulic  designs  for  the  hydro-elec- 
tric plant  at ,  in  addition  to  other  miscellaneous  technical  work. 

For  the  last  two  years  I  have  been  gaining  experience  in  construction  as 

Superintendent  for and  Company,  Architects,  of .     I  now  desire 

to  return  to  more  strictly  engineering  work,  and  am  particularly  interested  in 
hydraulic  work. 

I  respectfully  refer  you  to  the  above  named  firms. 

It  occurs  to  me  that  if  I  cannot  be  of  service  to  you  in  your  own  practice 
you  may  know  of  other  engineers  or  firms  who  need  assistants  to  whom  you 
would  kindly  refer  me. 

Very  respectfully  yours, 


Example  B 

Green  Bay,  Wis. 

March  13,  1915. 
Mr.  X.  Y.  Z.,  Consulting  Engineer, 

Milwaukee,  Wisconsin. 
Dear  Sir: 

Your  name  has  been  given  by  Mr.  W.  A. of  the Construction 

Company  of ,  as  being  connected  with  the  design  and  construction  of 

hydro-electric  work. 

At  the  present  time  I  am  looking  for  an  opening  in  the  engineering  de- 
partment on  some  hydro-electric  or  irrigation  project. 

I  am years  old  and  an  Associate  member  of  the  American  Society 

of  Civil  Engineers. 

From  1905-1910  I  was  employed  by  the  -  -  on  their  irrigation  project 
in  the  State  of  -  — .  While  there  I  was  Division  Engineer  in  charge  of 
location  and  construction  of  main  canals  and  distributing  system,  location  of 
pumping  plants  and  small  power  sites,  earth  dams,  topographical,  hydro- 
graphical  and  concrete  work. 

In  July  1910  I  was  employed  by of  New  York  on  their  -  -  irri- 
gation project  in  the  State  of as  Construction  Engineer  on  their  res- 
ervoir, earth  dam  and  concrete  work,  and  in  November  of  that  year  was 
appointed  Chief  Engineer  of  the  project,  which  position  I  continued  to  hold 
until  its  completion  in  1912.  This  work  consisted  of  a  rock  fill  dam  and  con- 


Application  for  Employment  105 

crete  diversion  works,  fifteen  miles  of  main  canal  and  ninety  miles  of  distrib- 
uting laterals,  nearly  two  miles  of  steel  fluming,  concrete  headgates  and 
syphons,  and  two  miles  continuous  wooden  stave  pipe  syphon. 

I  respectfully  refer  you  to: 

Mr.  A.  J.  ,  Consulting  Engineer,  ,  . 

Mr.  A.  E.  ,  State  Engineer  of  ,  . 


Mr.  D.  C.  ,  General  Manager  of  the  of  ,  

Mr.  'P.  S.  A. ,  formerly  Chief  Engineer  of  the  —    —  now  at 

— ,  and 


Mr. ,  Treasurer  of  the Irrigation  Company,  30 Street, 

New  York. 

If  you  have  any  opening  along  these  lines  that  you  can  offer,  I  shall  be 
glad  to  advise  you  further  or  to  arrange  for  an  interview. 

Yours  very  respectfully, 
(Signed)  - 

Example  C 

463  Ferrell  Avenue, 

Des  Moines,  Iowa. 

Messrs. and ,  March  16,  1916. 

462  State  Street, 

Chicago,  Illinois. 
Gentlemen: 

I  respectfully  submit  to  you  my  application  as  engineer  on  your  staff. 
My  experience  has  been  as  follows: 

1885-90  Machine   apprentice   in   the   shops   of  Company,  builders   of 

steam  pumps  and  hydraulic  machinery. 

1890-92  Erecting  pumps  and  hydraulic  machinery  for Company. 

1892-94  Designing  and  drafting  room  Company. 

1894-95  Machinist  in  shops  of  IXL  Company,  SPW  Company  and  Z  Company 
to  expand  my  experience  in  machine  work. 

1895-99  University  of  ,  mechanical  engineering  course,  graduating  in 

June,  1899. 

1899-08  With  the  W.  X.  Water  Power  Company  and  the  Q  Hydro  Electric 
Company,  building  and  installing  hydraulic  machinery  in  their 
various  plants. 

1908  to  the  present  time,  supervising  the  installation  of  hydro  electric  ma- 
chinery in  various  plants  for  the  C.  A.  Company. 

I  am  leaving  the  C.  A.  Company  at  the  present  time  on  account  of  their 
reduction  in  the  force  due  to  cessation  of  hydro  electric  work.  I  would 
respectfully  refer  you  to  their  President,  Mr.  H.  W.,  and  to  their  Chief  En- 
gineer, Mr.  C.  K. 

Hoping  that  I  may  hear  favorably  from  you  in  this  matter,  I  remain 

Yours  very  truly, 


106  Letters  and  Reports 

TECHNICAL  REPORTS 

§  60.  The  Importance  of  Good  Reports. — Few  technical  men 
have  ever  reached  more  than  subordinate  positions  without  the  ability 
to  prepare  a  fair  technical  report.  This  is  the  most  common  form  of 
technical  writing  and,  excepting  contracts  and  specifications,  the  form 
most  important  to  the  engineer.  There  is  no  writing  on  which  his  suc- 
cess so  largely  depends  as  on  the  preparation  of  neat,  clear,  logical,  con- 
cise and  complete  reports. 

The  advancement  of  that  engineer  is  assured  who  can  clearly 
comprehend  the  conditions  of  a  problem  and  the  factors  which  modify 
and  control  its  solution,  and  who  can  transfer  his  ideas  and  conception 
of  those  factors  and  conditions  and  the  logical  conclusions  to  be 
drawn  from  the  same,  to  his  superior  or  to  his  client  in  a  clear  and  ex- 
plicit manner  so  that  every  fact  and  condition  becomes  plain,  every 
controlling  circumstance  becomes  apparent,  and  every  conclusion  be- 
comes obvious.  The  engineer  should  give  special  attention  and  spe- 
cial study  to  the  principles  and  preparation  of  reports  on  account  of 
the  undoubted  influence  of  this  work  on  his  future. 

§  61.  The  Purpose  of  Reports. — A  report  is  an  oral  or  written 
statement  of  principles,  facts  or  conditions  made  to  show  the  necessity 
or  lack  of  necessity  for  any  usual  or  unusual  course  of  action.  The 
function  of  the  report  is  to  point  out  plainly,  so  that  those  for  whom 
the  report  is  prepared  can  understand,  the  facts  and  conditions  neces- 
sary to  be  known  in  order  that  suitable  action  can  be  taken. 

Reports  may  cover  any  part  of  the  technical  field  and  in  any  general 
treatment  of  the  subject  it  is  impossible  to  more  than  impress  the  fact 
that  most  of  the  requirements  for  technical  writing  and  for  the  writing 
of  specifications  discussed  in  Chapters  V  and  XV  need  to  be  especially 
emphasized  when  applied  to  the  preparation  of  written  reports.  Dif- 
ferent reports  will  require  very  different  methods  of  treatment.  They 
are  usually  designed  to  be  specific  and  confined  between  very  definite 
lines,  although  the  field  covered  may  in  some  cases  be  very  broad. 

It  is  always  desirable  that  the  instructions  on  which  a  report  is  to 
be  based  should  be  in  writing  and  should  specifically  define  its  desired 
extent  and  limitations,  otherwise  the  point  of  view  from  which  the  re- 
port is  to  be  made  or  the  extent  of  the  investigations  necessary  for  its 
purpose  may  not  be  understood  and  the  report  may  be  unsatisfactory, 
incomplete  or  involve  unnecessary  time  and  expense. 

Like  all  other  technical  writing,  to  be  of  value  a  report  must  be 
based  on  a  the  rough  knowledge  of  the  subject,  and  such  knowledge 


Technical  Reports  107 

must  be  specifically  detailed  and  complete  on  account  of  the  specific 
character  of  the  report.  An  equally  important  condition  is  clearness. 
The  findings  and  conclusions  must  be  manifest  and  beyond  question  to 
the  minds  of  the  reader  who  may  or  may  not  have  technical  knowledge. 
If  the  report  cannot  be  undersood  by  the  man  for  whom  it  is  prepared, 
it  is  useless  or  worse  for  it  may,  if  misinterpreted,  be  misleading  and 
add  to  the  confusion  instead  of  clearing  up  uncertainties,  which  is  its 
main  object. 

§  62.  Preliminary  Consideration. — Before  an  investigation  is 
undertaken  a  thorough  consideration  should  be  given  to  the  instruc- 
tions which  outline  the  purpose  of  the  report,  and  to  the  various  factors 
which  must  be  the  basis  of  the  desired  report.  It  is  desirable  to  out-, 
line  the  various  conditions  and  pertinent  data  which  would  in  any  man- 
ner affect  the  project,  and  which  should  therefore  be  investigated  or  se- 
cured in  order  that  a  clear  understanding  may  be  obtained  and  logical 
conclusions  reached  and  demonstrated.  In  this  way  the  opportunities 
for  error  resulting  from  overlooking  essential  elements  in  the  problem 
will  be  largely  obviated.  As  has  already  been  indicated,  many  subjects 
quite  foreign  to  the  technical  side  of  the  question  will  frequently  have  an 
important  bearing  on  correct  conclusions,  and  failure  to  give  such  sub- 
jects due  consideration  is  the  cause  of  many  unsatisfactory  and  errone- 
ous reports. 

There  is  always  danger  that  the  expert  may  become  interested  in 
the  particular  subject  of  his  specialty  and  lose  sight  of  the  fact  that 
there  are  other  subjects  of  equal  or  perhaps  greater  importance  to 
which  his  attention  should  also  be  directed.  In  contemplating  some 
form  of  engineering  or  architectural  construction,  the  technical  man  is 
largely  interested  in  ways  and  means.  His  client  is  only  interested  in 
results.  While  the  client  may  desire  to  know  the  details  by  which  the 
results  are  to  be  attained,  his  principal  interest  lies  in  the  answers  to 
the  questions  :  "How  much  will  it  cost  ?"  "When  can  it  be  completed  ?" 
"Will  it  accomplish  its  purpose?"  If  these  questions  can  be  answered 
satisfactorily,  he  is  willing  to  leave  all  technical  details  to  his  profes- 
sional advisers. 

§  63.  Ethical  Considerations. — In  reporting  on  designs,  struc- 
tures of  projects  of  other  engineers,  captious  criticism  should  be 
avoided.  A  report  is  not  the  place  to  show  the  superior  knowledge  or 
ability  of  the  writer  needlessly  or  to  attempt  to  win  over  the  clients 
of  other  engineers.  If  results  can  be  accomplished  safely  and  economi- 
cally by  the  method  proposed,  even  though  in  the  opinion  of  the  re- 
porter a  better  design  might  be  possible,  it  is  generally  undesirable  to 


108  Letters  and  Reports 

advise  unessential  or  radical  changes  which  will  result  in  no  material 
betterments. 

The  engineer  may  be  called  to  report  on  some  single  phase  of  a 
project  such  as  its  safety,  or  on  some  particular  part  or  equipment  on 
which  he  is  supposed  to  be  particularly  well  informed.  In  such  cases 
he  should  avoid  interference  with  other  phases  of  the  work  on  which 
his  opinion  is  not  requested.  There  may  be  exceptions  to  this  state- 
ment should  the  examination  develop  the  existence  of  radical  errors 
which  may  endanger  the  structure  or  the  life  or  property  of  others  or 
should  the  reporter  become  aware  of  gross  fraud  or  dishonesty.  He 
may  under  such  conditions  owe  it  to  the  public  to  take  such  action  as 
will  prevent  such  danger  or  the  accomplishment  of  such  fraud.  This  is 
a  condition  which  requires  the  greatest  tact  in  its  treatment  and 
should  in  general  be  handled  without  publicity,  an  appeal  first  being 
made  to  those  who  are  directly  interested  to  take  such  action  as  will 
prevent  the  serious  results  of  the  proposed  construction  or  transaction. 
Such  appeal  may  be  enforced  by  a  decision  to  publish  the  facts  if  they 
are  not  equitably  adjusted.  It  is  perhaps  needless  to  say  that  such  a 
stand  should  be  taken  only  when  the  conditions  are  such  as  to  warrant 
such  radical  action. 

§  64.  Investigations  and  Estimates. — Proper  reports  must  be 
based  on  a  suitable  investigation  of  the  subject,  and  this  must  be  made 
as  complete  as  the  purpose  of  the  report  will  warrant.  Nothing  that 
can  be  determined  must  be  assumed,  and  the  reporter  must  use  the 
greatest  of  care  to  make  sure  that  the  ideas  and  opinions  which  result 
from  his  investigation  are  not  colored  by  his  personal  bias  (see  Sec.  12). 

When  reports  are  of  a  preliminary  nature,  the  extent  of  the  inves- 
tigation must  be  limited  but  the  essential  facts  and  conditions  should  be 
properly  determined  and  due  allowance  must  be  made  for  all  uncer- 
tainties (see  Sec.  244). 

Reports  will  frequently  require  estimates  of  the  cost  of  construc- 
tion or  of  development  and  possibly  of  fixed  charges,  operating  ex- 
penses and  cost  of  maintenance  as  well  as  an  estimate  of  probable  in- 
come. Such  estimates  require  careful  consideration  and  much  fore- 
thought. They  must,  in  a  preliminary  report,  be  based  on  incomplete 
data.  Contingencies  of  various  kinds  will  surely  arise  and  must  be 
sufficiently  foreseen  and  provided  for  by  conservative  estimates  (see 
Sec.  252). 

A  thing  that  is  worth  doing  at  all  is  worth  doing  well,  and  this  prin- 
ciple is  especially  true  in  making  reports.  A  cursory  examination  or  a 
failure  to  give  the  matter  under  consideration  careful  and  complete  in- 
vestigation, with  resulting  conclusions  based  on  insufficient  or  incom- 


Successful  Reports  109 

plete  data,  will  most  likely  be  misleading  and  may  result  in  overlooking 
serious  contingencies  or  favorable  facts  and  conditions.  Such  a  report 
may  lead  either  to  expensive  investments  that  will  be  found  entirely 
unwarranted  when  a  thorough  examination  is  made  or  in  the  condem- 
nation of  a  worthy  project.  Every  report  should  be  so  thorough  and 
complete  that  the  accuracy  of  the  conclusions  will  be  assured. 

§  65.  Elements  of  Successful  Reports. — Most  reports  depend 
for  their  value  on  accuracy  of  observation  and  correct  deductions. 
They  often  require  great  technical  knowledge  and  skill  and  frequently  a 
wide  practical  experience.  There  are  usually  certain  very  definite  facts 
or  conclusions  which  are  the  essential  features  around  which  all  other 
facts  and  deductions  should  be  centered  and  to  which  they  are  subor- 
dinate. Special  effort  should  therefore  be  exercised  to  bring  out  and 
accentuate  these  important  ideas  and  to  facilitate  the  appreciation  of 
their  bearing  and  importance.  Clear,  explicit  and  exact  statements  are 
of  special  importance.  Proper  arrangement  will  not  only  save  much 
time  to  the  reader  but  will  emphasize  the  importance  of  the  main  ideas 
arid  the  relation  of  the  subordinate  factors.  When  it  becomes  desirable 
to  recite  all  the  facts  and  conditions  in  great  detail,  the  essential  mat- 
ters pertinent  to  the  immediate  purpose  of  the  report  should  be  em- 
phasized so  that  their  importance  can  be  distinguished  and  the  logical 
conclusions  made  manifest. 

The  technical  report  is  often  the  pioneer  report  on  the  sub- 
ject; later  the  legal  and  other  aspects  must  be  examined  and  passed 
upon  by  specialists  in  each  line,  but  in  its  preliminary  stages,  the  en- 
gineer must  frequently  look  into  each  phase,  and  if  his  report  is  to 
bear  expert  scrutiny  it  must  be  based  on  a  broad  understanding  of 
many  things. 

In  the  preparation  of  reports  on  technical  projects,  the  engineer 
needs  more  than  technical  training.  In  such  projects,  questions  of  law, 
business,  transportation,  market  conditions,  manufacturing,  agricul- 
ture, politics,  economics,  finance  and  many  other  factors  may  be  of 
even  greater  importance  than  the  technical  factors  involved. 

Every  engineer  who  is  called  upon  to  report  on  the  feasibility  of  a 
project  must  duly  consider  not  only  the  technical  problems  involved 
but  also  all  other  aspects,  for  the  practical  and  economical  success  de- 
pends on  its  feasibility  from  every  point  of  view.  The  project  is  not 
a  success  simply  because  it  is  well  and  economically  designed  and 
properly  constructed,  but  it  must  also  be  successful  from  commercial 
and  financial  standpoints. 


110  Letters  and  Reports 

Numerous  projects  in  water  power,  irrigation,  drainage,  manu- 
facturing, etc.,  have  resulted  in  failures  because  some  necessary  phase 
has  been  overlooked  and  remained  unconsidered. 

A  report  may  be  complete,  it  may  be  technically  correct,  it  may  re- 
cite all  the  facts  and  discuss  all  conditions  and  details,  and  yet  it  may  be 
a  practical  failure  if  it  does  not  recognize  the  human  side  of  the  prob- 
lem and  differentiate  the  essential  details  in  such  a  manner  that  the 
every  day  business  man,  the  director,  the  banker  or  the  citizen  may  ap- 
preciate the  essential  facts  and  the  logical  solution  of  the  problem. 

A  scientific  statement  of  fact  or  principle  may  be  satisfactory  if 
the  report  is  made  to  a  technical  superior  but  it  may  be  meaningless  if 
made  to  a  layman.  It  is  the  business  of  the  engineer  to  translate  the 
scientific  statement  into  such  language  that  its  practical  significance  can 
be  fully  understood  by  the  reader  with  the  degree  of  knowledge  and  un- 
derstanding that  he  possesses.  It  is  seldom  necessary  to  demonstrate 
the  principle  or  prove  the  fact ;  these  will  be  assumed  as  correct  on  the 
basis  of  the  technical  knowledge,  experience  and  reputation  of  the  re- 
porter, but  their  bearing  on  the  issue  involved  must  be  so  stated  as  to 
be  readily  comprehended. 

It  is  often  essential  that  the  report  should  include  all  of  the  data  on 
which  discussions  are  based.  These  data  and  their  bearings  on  the  proj- 
ect discussed  and  the  reasons  for  the  opinion  expressed  should  be  clearly 
set  forth.  In  a  well  drawn  report  the  engineer  can  usually  so  illustrate 
and  describe  the  conditions  by  which  a  project  is  modified  and  con- 
trolled, that  any  good  business  man  will  understand  the  basis  on  which 
the  opinion  rests,  and  the  degree  of  probability  of  any  departure  from 
the  expected  results.  While  a  similar  comprehension  by  nontechnical 
readers  is  not  to  be  expected  in  regard  to  the  technical  details,  an  un- 
derstanding of  the  general  considerations  on  which  the  feasibility  of 
the  project  depends  can  be  secured.  If  a  report  can  not  be  so  drawn 
it  is  usually  due  either  to  insufficient  data  or  to  the  fact  that  the  en- 
gineer himself  does  not  fully  understand  and  appreciate  the  logic  of 
the  situation. 

For  simplifying  scientific  facts,  principles  and  data,  graphical  dia- 
grams are  of  great  importance.  They  give  a  significance  to  figures  and 
data  which  is  not  otherwise  apparent. 

The  report  should  usually  be  accompanied  by  such  maps,  draw* 
ings  and  sketches  as  may  be  necessary  with  the  data  furnished,  to 
illustrate  clearly  the  conditions  and  show  conclusively  that  the  condi- 
tions are  such  as  the  report  sets  forth. 


Literature  111 

In  most  cases  facts  and  data  should  be  given  in  such  a  manner 
that  the  report  may  be  checked  up  by  others  who  are  informed  on  the 
subject  and  the  conclusions  given  in  the  report  should  be  such  as  will 
be  demonstrated  clearly  by  the  facts  in  the  case  and  the  available  data. 
Reports  should  never  consist  of  general  conclusions  or  mere  opinions 
but  should  be  the  logical  outcome  of  facts,  conditions  and  data. 

In  general  it  is  essential  that  the  report  itself  should  be  clear,  con- 
cise and  definite  in  its  statements  and  recommendations.  Any  elabo- 
rate discussions  of  voluminous  data  should  usually  be  contained  in  the 
appendix  to  which  the  main  report  should  refer  for  confirmation  of  its 
facts  and  recommendations.  Even  under  such  conditions  it  is  well  to 
summarize  the  conclusions  and  such  a  summary  may  be  introduced  in 
the  closure  of  the  report  or  may  sometimes  be  included  to  advantage  in 
a  short  letter  of  transmittal,  which  may  be  used  as  an  introduction  to 
the  more  extended  treatment  in  the  report. 

LITERATURE 

Effective  Business  Letters.     A.  H.  Gardner.     The  Ronald  Press  Co. 

Putnam's  Correspondence  Handbook.  Eleanore  Banks.  G.  P.  Putnam's 
Sons. 

The  Applicant's  Difficulties,  "by  R.  Fleming.     Eng.  News,  Vol.  75,  p.  1085. 

Experience  with  Applications  for  Employment,  by  C.  A.  Bock.  Eng. 
News,  Vol.  76,  p.  258. 

Hints  on  Applying  for  a  Job  by  Letter,  by  R.  T.  Brown.  Eng.  News, 
Vol.  83,  p.  770. 

Water  Power  Engineering.  Chapter  24,  The  Consideration  of  Water  Power 
Projects,  by  Daniel  W.  Mead,  McGraw  Hill  Book  Co. 

The  Preparation  of  Engineering  Reports.  Notes  on  the  requirements  of  a 
report.  Edward  B.  Stephenson.  Eng.  News,  Vol.  70,  p.  1219. 


CHAPTER  VII 
ORIGIN,  NATURE  AND  DEVELOPMENT  OF  LAW 

§  66.  Origin  of  the  Present  Civilization. — The  present  state  of 
mental  and  material  development  of  the  nations  of  the  earth  is  the  re- 
sult of  influences  many  of  which  may  be  traced  back  to  the  dawn  of 
history.  Men  and  nations,  and  their  laws,  customs  and  relations  are 
not  alone  what  modern  civilization  has  produced  but  have  been  created 
by  influences  which  have  been  acting  from  the  most  remote  times. 
The  heritage  of  today,  the  social,  political  and  religious  institutions  are 
due  to  many  people  and  to  other  nations,  many  of  which  have  long 
ceased  to  exist  but  which  nevertheless  have  left  an  indelible  impression 
on  present  social,  political,  mental  and  moral  development,  and  on  the 
thoughts,  acts  and  daily  lives  of  present  generations. 

Those  who  read  Draper's  Intellectual  Development  of  Europe,  or 
White's  Warfare  of  Science  and  Theology,  will  find  these  influences 
pointed  out  as  they  have  affected  certain  lines  of  modern  thought,  and 
will  realize  that  advancement  in  all  lines  is  the  result  of  many  influences 
which  have  modified  old  ideas  and  old  relations  and  have  been  largely 
instrumental  in  creating  the  present  conditions  which  now  obtain  in 
every  country. 

§  67.  Law  an  Evolution. — It  will  be  found  that  the  laws  of  to- 
day which  guard  our  rights  and  privileges  and  limit  and  control  our  ac- 
tions, were  not  created  entirely  new  for  the  particular  needs  of  the 
present  time,  but  have  descended  from  the  past,  changed  and  modified 
as  necessities  have  demanded  but  still  having  their  root,  their  origin  and 
foundation  in  the  past. 

The  term  "law"  is  familiar  in  numerous  applications,  having  al- 
ways, however,  a  somewhat  similar  signification.  Technical  students 
are  perhaps  most  familiar  with  "natural  laws"  on  which  the  sciences 
are  based.  A  knowledge  of  such  laws  is  a  most  important  element  in 
technical  education. 

Engineers  and  architects  study  the  laws  of  mechanics,  the  laws  of 
electricity,  of  chemiistry,  of  physics,  and  of  the  various  other  subdivis- 
ions of  science.  The  lives  of  most  engineers  are  largely  spent  in  in- 
vestigating such  laws  and  in  utilizing  them  for  the  accomplishment  of 
desired  results.  Such  laws  have  been  slowly  derived  but  not  created 
by  man,  they  are  fixed  and  unalterable  and  are  never  broken. 


Law  an  Evolution  113 

Plants  and  the  lower  animals  follow  the  natural  laws  of  growth 
and  development  and  the  instinct  which  is  also  their  established  natural 
law.  Mankind  is  also  influenced  and  controlled  more  largely  by  nat- 
ural laws  than  many  are  apt  to  realize.  Heredity,  environment,  edu- 
cation, all  affect  every  action  and  every  thought  and  opinion. 

That  which  is  termed  moral  law  may  be  defined  as  the  general 
moral  tone  or  feeling  of  a  community  to  right  and  wrong  action.  The 
punishment  for  neglecting  or  disregarding  moral  law  is  public  disap- 
probation, contempt  or  ostracism.  It  changes  to  some  extent  with 
every  decade,  and  differs  with  different}  time  and  different  nations. 
Divine  law  is  believed  to  have  been  received  from  Deity  and  forms  the 
basis  of  all  religion,  and  probably  has  had  greater  influence  on  human 
actions  than  any  other  except  natural  laws. 

The  divisions  of  laws  which  may  be  termed  human  laws  and  which 
are  intended  to  influence  or  govern  human  actions,  are  somewhat  dif- 
ferent in  character.  Most  of  these  laws  are  not  unalterable  nor  un- 
changing; nor  are  they  always  obeyed.  These  laws  man  has  seen  fit 
to  establish  for  his  own  guidance  and  protection  to  enable  him  to  live 
in  safety  and  at  peace  in  the  enjoyment  of  such  rights  and  privileges  as 
his  state  of  civilization  has  made  possible. 

§  68.  Development  of  Human  Laws. —  Primitive  man  lived  en- 
tirely under  natural  laws.  He  obtained  those  things  which  his  strength 
and  agility  would  permit ;  with  him,  as  with  the  lower  animals  "might 
made  right"  and  his  existence  was  largely  a  continuous  struggle.  The 
rights  and  privileges  of  primitive  society,  in  the  family  and  the  clan, 
were  established  by  custom.  Whatever  was  customary  or  usual  was 
considered  right,  and  ultimately  became  law.  With  man's  mental 
development  he  began  to  realize  that  his  individual  instincts  and  in- 
terests were  hardly  sufficient  for  his  guidance.  He  began  to  see  that 
his  neighbors  had  rights  equal  to  and  often  in  conflict  with  his  own, 
and  that  unless  he  would  live  in  constant  warfare,  it  was  absolutely 
essential  that  the  rights  of  all  be  so  regulated  as  not  to  interfere,  or 
so  as  to  interfere  as  little  as  possible,  with  the  rights  of  others.  In 
order  to  protect  himself  in  the  enjoyment  of  his  own  property  and 
rights,  he  was  obliged  to  make  laws  for  the  regulation  of  his  own  con- 
duct. Early  laws  were  largely  based  on  custom  or  on  the  opinion  of 
the  head  of  the  clan  or  tribe,  and  were  not  always  just  or  equitable 
as  may  also  be  said  of  some  of  the  laws  of  the  present  day.  These  laws 
have  grown,  developed  and  have  been  altered  and  expanded  as  the  races 
of  mankind  have  grown  and  developed  and  experienced  new  demands 
for  the  protection  or  extension  of  their  social,  political  and  business  re- 


114         Origin,  Nature  and  Development  of  Law 

lations,  and  they  constitute  today  the  vast  legal  fabric  which  controls 
and  modifies  every  line  of  civilized  human  activity. 

There  may  also  be  mentioned  international  law  which  consists  of 
the  rules,  precedents  and  customs  by  which  independent  nations  govern 
their  dealings  with  each  other. 

§  69.  Municipal  Law. — The  subject  which  is  particularly  im- 
portant to  discuss  here  is  municipal  law  which  consists  of  those  rules 
by  which  the  civil  rights  and  conduct  of  the  citizens  and  residents  of  a 
nation  with  each  other  are  regulated. 

Municipal  law  may  be  subdivided  into  written  law  and  unwritten 
law.  The  former  consists  of  those  positive  enactments  of  congress,  of 
the  state  legislature,  or  of  city  councils,  which  are  passed  to  meet  some 
particular  need  or  to  effect  some  particular  result.  They  sometimes 
simply  affirm  known  principles  of  law  and  sometimes  are  passed  to 
modify  or  nullify  some  particular  established  principle.  For  example, 
by  ancient  unwritten  law  a  married  woman  could  not  hold  personal 
property  or  make  contracts ;  now  by  enactment  in  most  states  her  dis- 
ability has  been  removed  and  she  can  act  as  fully  in  legal  matters  as  an 
unmarried  woman. 

Unwritten  law  is  the  most  extensive  and  the  most  important  body 
of  law.  It  includes  the  Civil  Law  and  the  Common  Law. 

§  70.  Unwritten  Law. — Civil  Law  is  the  basis  of  -the  Contin- 
nental  European  Jurisprudence  System  and  largely  affects  English  and 
American  law.  It  consists  of  the  laws  of  the  Roman  people  and  the 
edicts  of  kings  and  of  the  senate,  and  of  legal  decisions  and  learned 
opinions.  This  was  codified  by  order  of  Emperor  Justinian  in  the 
Sixth  Century. 

The  Justinian  code  was  modified  and  reformed  by  Napoleon,  is 
used  in  France  today  and  is  the  basis  of  the  laws  of  Italy,  Spain,  Ger- 
many and  Holland.  The  civil  law  was  also  brought  over  to  England 
by  William  the  Concmeror  in  1066  and  has  had  its  effect  on  the  laws  of 
England.  It  has  influenced  the  local  laws  of  certain  states  through  the 
early  French  and  Spanish  settlement. 

The  common  law  of  England  was  brought  to  this  country  by  the 
first  English  settlers.  It  consists  largely  of  customs  and  usages.  Such 
customs  and  usages  when  they  became  well  established  were  regarded 
as  established  laws  and  were  upheld  by  the  courts  at  a  later  date  when 
courts  were  established. 

Courts  were  obliged  to  discriminate  between  well  established  cus- 
toms and  more  recent  customs.  If  the  custom  existed  "from  a  time 
whereof  the  memory  of  man  remembereth  not  to  the  contrary"  they 
were  upheld  by  the  court.  These  customs  were  binding  only  in  the 


Unwritten  Law  115 

community  where  they  were  observed ;  they  were  frequently  very  lim- 
ited in  extent. 

Customary  usage  still  has  the  effect  of  law  in  many  matters  at  the 
present  day,  except  where  direct  legislation  has  intervened.  Thus  a 
cubic  yard  of  crushed  rock  may  consist  of  a  customary  weight  of  stone 
instead  of  measured  quantity.  A  cord  of  wood  sawed  to  stove  length 
may  be  a  customary  quantity  of  less  than  an  actual  cord.  A  perch  of 
stone  may  be  a  customary  quantity  less  than  the  actual  perch,  and  such 
customary  methods  of  measuring  materials  will  hold  in  law  unless  such 
measurements  have  been  otherwise  fixed  by  direct  legislation  or  by  con- 
tract. 

In  early  times  the  people  of  England  were  under  many  kings.  All 
were  united  by  Egbert  (Kent — 828)  after  many  years  of  warfare. 
Their  customs  which  differed  widely  in  the  various  kingdoms,  were  in 
almost  hopeless  conflict.  Alfred  the  Great  (who  died  in  900)  har- 
monized these  laws,  digested  and  analyzed  them,  and  provided  a  great 
book  for  convenient  reference.  This  digest  of  the  common  laws  of 
England  is  the  fountain  head  of  the  great  body  of  laws,  and  of  the  law 
that  now  exists  in  both  England  and  America  (where  the  English 
common  law  has  been  adopted  in  a  more  or  less  modified  form  by  all 
of  the  states).  From  these  the  common  law  of  England  and  America 
has  grown  and  developed,  principally  from  the  court  decisions  of  dis- 
puted cases. 

§  71.  Development  of  Common  Law  by  Judicial  Decisions. — 

Although  legislative  action  is  the  most  conspicuous  source  of  modern 
laws,  it  is  not  the  source  of  most  of  the  laws  which  regulate  the  per- 
sonal business  relations  of  men. 

"Legislative  activity  has  been  in  the  main  directed  to  the  organiza- 
tion, to  the  administration  of  government;  in  legislations  of  a  public 
character  such  as  provisions  for  the  collection  of  revenues,  for  the 
maintenance  and  regulation  of  public  highways,  for  the  licensing  of 
special  trades  and  other  administrative  acts.  In  the  great  field  of  pri- 
vate law  regulating  the  relations  of  individuals  with  each  other,  a  field 
from  which  the  vast  majority  of  every  day  subjects  of  legislation  arise, 
our  legal  system  is  still  essentially  the  product  of  judicial  decisions. 
Legislative  invasion  of  this  field  is,  principally,  only  for  the  purpose  of 
amendment  of  detail."* 

These  decisions  form  a  precedent  which  serves  to  settle  other  simi- 
lar cases.  Courts  are  not  at  liberty  to  ignore  decisions  of  previous 

*Law,  Its  Origin,  Nature  and  Development,  by  L.  A.  Huston.    Modern 
American  Law,  Vol.  1,  Sec.  17. 


116  Origin  and  Development  of  Law 

courts  for  these  decisions  are  part  of  the  common  law  and  "no  man  is 
wiser  than  the  law."  The  countless  decisions  of  courts  in  Europe  and 
America,  the  records  of  which  fill  thousands  of  volumes,  are  to  an  ex- 
tent binding  upon  the  courts  which  decide  similar  cases  today.  Each 
new  decision  becomes  part  of  the  common  law. 

Theoretically  the  law  never  changes.  Practically,  it  is  constantly 
being  revised  and  modified  to  meet  new  conditions  as  civilizaton  and 
its  accompanying  business  transactions  demand.  While  past  decisions 
are  binding  in  a  sense  on  courts  of  the  same  jurisdiction,  still,  as  new 
situations  arise,  precedents  as  established  by  previous  decisions  can  be 
and  are  more  or  less  extended,  modified  and  molded  by  new  decisions 
into  conformity  with  the  necessities  that  arise.  It  must  not  be  under- 
stood that  these  decisions  of  the  courts  of  common  law  are  absolute,  or 
that  they  cannot  be  departed  from  under  any  conditions  or  circum- 
stances for,  if  judicial  decisions  have  been  established  in  a  particular 
way  for  a  number  of  years  and  it  is  found  that  on  account  of  public 
policy  an  absolute  change  is  necessary,  such  changes  are  made  by  the 
courts  of  common  law  themselves.  The  courts  seldom,  however,  flatly 
disregard  precedent,  but  usually  hold  that  the  remedy  in  such  cases 
lies  with  the  legislative  body.  When  the  common  law  is  inconsistent 
with  the  needs  of  the  community  and  the  evil  becomes  a  crying  one,  the 
legislature  will  usually  step  in  and  make  such  alterations  as  conditions 
demand. 

It  should  also  be  noted  that  these  decisions  are  binding  only  in  a 
limited  sense.  They  are  binding  on  courts  of  common  jurisdiction, — 
that  is  in  the  jurisdiction  under  which  the  decisions  have  been  rendered. 
Wisconsin  decisions  are  binding  on  Wisconsin  courts ;  New  York  de- 
cisions on  New  York  courts ;  and  English  decisions  are  binding  on  Eng- 
lish courts.  Where  a  case  is  to  be  decided  on  lines  for  which  there 
is  no  precedent  in  the  jurisdiction  of  the  court  where  the  case  is  heard, 
the  decisions  of  the  common  law  courts  in  other  jurisdictions  will  have 
an  important  influence  on  the  decision  of  the  court. 

§  72.  Courts  of  Common  Law. — The  courts  of  common  law 
have  various  names  in  various  states.  "Justice  Courts"  are  established 
to  try  petty  cases  involving  claims  not  exceeding  $200.  From  these 
courts  appeals  may  be  made  to  the  next  higher  courts.  The  term  "Cir- 
cuit Court"  is  perhaps  the  most  common  name  applied  to  courts  of  com- 
mon law.  Provisions  are  also  made  whereby  the  verdict  of  such  courts 
on  first  resort  may  be  reviewed  or  carried  by  appeal  to  a  second  court, 
sometimes  termed  a  court  of  appeal,  and  sometimes  to  a  third  court  of 
final  jurisdiction  usually  known  as  the  Supreme  Court  of  the  States. 


Courts  of  Common  Law  117 

In  such  courts  the  decision  is  usually  iinal,  unless  some  constitutional 
questions  are  involved  which  will  permit  of  its  being  taken  to  the  Su- 
preme Court  of  the  U.  S.,  the  decision  of  which  will  in  such  case  pre- 
vail. Cases  between  states  and  between  citizens  of  different  states  if 
they  involve  amounts  of  $2,000  or  more  are  taken  into  the  United 
States  Circuit  Court  from  which  they  may  pass  to  the  United  States 
Court  of  Appeals  and  thence  to  the  United  States  Supreme  Court. 

The  objects  of  the  common  law  are  (i)  to  protect  the  rights  of  in- 
dividuals, and  (2)  to  redress  the  wrongs  to  which  they  may  have  been 
subjected.  The  laws  which  protect  the  rights  which  men  possess  and 
define  the  infringement  of  those  rights  are  called  substantive  laws. 
The  law  by  which  criminals  are  punished  and  wrongs  redressed  are 
called  remedial  laws. 

§  73.  Subdivisions  of  the  Common  Law. — Substantive  laws 
define  rights  and  wrongs.  Rights  include  legal  rights  which  the  law 
will  recognize  and  protect.  Wrongs  include  such  wrongs  as  are  recog- 
nized by  the  law  and  for  which  the  law  will  offer  a  redress. 

Blackstone  subdivides  rights  into  rights  of  persons  and  rights  of 
things.  The  first  relates  to  the  person  of  men  as  distinguished  from 
their  property  and  includes  the  right  which  every  man  has  to  enjoy  per- 
sonal security,  personal  liberty,  and  personal  property,  also  the  liabili- 
ties and  rights  arising  from  mutual  relations  such  as  master  and  servant, 
principal  and  agent,  guardian  and  ward,  husband  and  wife,  parent  and 
child. 

The  right  of  things  includes  laws  which  deal  with  the  acquisition 
and  ownership  of  real  and  personal  property,  including  the  accompany- 
ing right  and  liabilities. 

Wrongs  may  be  subdivided  into  public  wrongs  and  private  wrongs. 
Public  wrongs  are  those  committed  against  the  whole  community  and 
which  are  termed  crimes  and  misdemeanors.  Private  wrongs  are  not 
such  as  are  dangerous  to  the  community  at  large,  but  are  those  which 
inflict  loss  on  the  individual  and  are  known  as  torts. 

The  penalty  for  public  wrongs  may  be  fines  or  imprisonment, 
while  those  for  private  wrongs  include  restitution  for  the  losses  suf- 
fered. •;  O',.:!.  &{<IJ 

Remedial  law  controls  the  organization  of  courts  and  the  methods 
by  which  claims  can  be  enforced  therein.  In  both  this  country  and  in 
England  there  are  two  great  systems  of  courts,  the  courts  of  Common 
Law  and  the  Courts  of  Equity. 

The  court  of  common  law  is  the  court  to  which  reference  has  pre- 
viously been  made.  These  were  the  earliest  courts  in  existence  in  Eng- 


118  Origin  and  Development  of  Law 

land  and  were  transplanted  to  this  country  by  the  first  English  settlers. 
Such  courts  are  governed  entirely  by  common  law  practices  and  are 
strictly  bound  by  precedent. 

§  74.  Courts  of  Equity. — A  second  great  system  of  courts  has, 
however,  been  developed  in  both  America  and  England  known  as  courts 
of  equity.  These  owe  their  existence  very  largely  to  the  limitations  of 
the  common  law  courts.  The  court  of  common  law  can  compensate  the 
individual  for  the  infringement  of  his  legal  rights,  but  it  cannot  prevent 
such  infringement.  These  courts  can  punish  the  individual  for  not  car- 
rying out  the  terms  of  his  contract  but  they  cannot  enforce  the  fulfill- 
ment of  the  contract.  They  are  so  bound  by  precedent  that  while  they 
can  compensate  individuals  for  injuries  done  him  they  cannot  prevent 
those  injuries,  even  if  they  may  be  known  in  advance  and  be  irreparable 
in  nature. 

To  provide  for  such  contingencies,  the  system  of  equity  courts  has 
been  developed.  A  court  of  equity  offers  what  is  known  as  "extraordi- 
nary remedies,"  that  is  to  say,  it  offers  remedies  not  recognized  by  the 
common  law.  It  also  differs  in  that  it  is  not  bound  by  iron  clad  rules  of 
precedent,  but  seeks  to  administer  absolute  justice.  In  some  states 
the  courts  of  common  law  also  administer  both  common  law  and  equity ; 
in  other  states  the  courts  are  separate  and  distinct. 

§  75.  Fundamental  Laws. — It  should  be  understood  that  be- 
sides the  civil  and  the  common  law  (the  unwritten  law  of  the  land)  pre- 
viously referred  to,  there  is  also  the  written  law,  the  basis  of  which  is 
that  fundamental  law  of  the  state  or  nation :  viz.,  the  national  and  state 
constitutions.  This  fundamental  law  is  from  the  people  themselves 
and  is  adopted  by  their  direct  franchise  and  can  be  changed  only  with 
their  consent.  Congress  or  the  legislature  cannot  alter  these  constitu- 
tions, nor  can  they  pass  valid  laws  antagonistic  therewith.  In  the 
United  States  the  fundamental  basis  of  law  so  far  as  it  applies  is  the 
Constitution  of  the  United  States.  With  this  all  state  constitutions 
must  agree  and  no  law  is  valid  which  is  contrary  to  either  the  United 
States  constitution  or  the  constitution  of  the  state  in  which  it  is  passed. 

§  Development  of  Special  Laws. — Under  all  of  these  con- 
ditions, which  may  appear  at  first  glance  as  greatly  complicated,  the 
great  body  of  the  law  affecting  various  features  of  civilization  has  been 
developed.  Probably  the  first  branch  of  law  that  attained  importance 
was  that  in  relation  to  land.  Other  laws  developed  to  govern  and  regu- 
late men's  action  toward  each  other  in  various  new  relations  which  de- 
veloped with  civilization.  The  acquisition  and  ownership  of  movable 
property  was  followed  by  the  laws  relating  to  personal  property.  With 


Special  Laws 


119 


the  development  of  trade  it  was  found  necessary  for  mankind  to  form 
agreements  with  each  other  for  specific  purposes  which  led  to  the  de- 
velopment of  the  laws  of  contracts.  The  development  of  commerce 
became  so  extensive  that  the  law  of  agencies  became  necessary.  For 
the  purpose  of  facilitating  commerce,  laws  relating  to  transfer  of  nego- 
tiable paper  were  developed.  At  the  present  time  the  great  increase  in 
corporate  business  has  led  to  great  development  in  the  laws  relating  to 
corporations.  Other  specialties  in  which  engineers  are  specially  inter- 
ested are  the  laws  of  franchises,  the  laws  governing  water  and  water 
rights,  the  laws  of  eminent  dominion,  and  the  patent  laws.  These  laws 
are  in  fact  so  numerous  that  a  mere  catalog  of  their  subjects  would  re- 
quire much  more  time  and  space  than  are  available.  It  is  hoped  how- 
ever that  some  idea  has  been  given  of  the  gradual  growth  and  develop- 
ment of  laws,  and  that  the  reader  has  been  impressed  with  the  fact  that 
as  they  now  exist  they  have  come  down  to  us  from  most  remote  times 
and  have  been  modified  as  circumstances  seemed  to  require.  While 
these  laws  are  far  from  perfect,  they  represent  the  customs  and  best 
ideas  of  the  past  and  are  slowly  modified  to  meet  the  new  conditions 
that  arise.  A  study  of  the  laws  that  will  affect  the  special  work  of  the 
individual  in  practice  will  be  of  great  service  and  will  aid  him  in  know- 
ing his  own  rights  and  privileges,  the  rights  and  privileges  which  must 
be  accorded  to  others,  and  when  he  should  seek  adequate  legal  advice. 

OUTLINE  OF  LAWS  AND  LEGAL  RELATIONS 


§  77.  General  Classification  of  Law. 


LAWS 


•      Between    /  Natural  Law 
God  and  Man  |  Revealed  Law 

Ecclesiastical 
Moral  Law 

Law 

Between 
Man  and  Man  -< 

International 

Law/  Pu.blic 

^ 

f  Constitutional  Law 
National  or       J  Statutory  Law 
Municipal  Law  ]  Common  Law 
I  Equity 

§  78.  Definitions  of  Law. 

I.  General  "A  rule  of  action  prescribed  by  authority."  Century 
Dictionary.  "A  rule  of  action  established  by  recognized 
authority  to  enforce  justice  and  direct  duty."  Stand- 
ard Dictionary.  "A  governing  rule  of  action."  Benja- 


120  Origin  and  Development  of  Law 

min.  "A  rule  of  action,  that  which  is  set,  fixed,  pre- 
scribed or  laid  down  beforehand."  Spencer. 

II.  Laivs  between  God  and  Man. 

1.  Natural  laivs.     Statements   of  the   invariable  sequence   of 

natural  phenomena.     Law  of  gravity.     Boyle's  law,  etc. 

2.  Divine  or  revealed  laiv.     Those  rules  of  action  supposed  to 

be  laid  upon  man  by  Diety.     Mosaic  law. 

III.  Laws  between  Man  and  Man. 

1.  General.      Rules  for  the  control  of  human  action ;  these  were 

"created  by  man  for  his  own  protection,  except  insofar 
as  religious  writings  are  considered  to  be  laws  laid  down 
by  the  Diety."— White. 

2.  Ecclesiastical  law.     Laws  of  the  church  or  other  religious 

associations. 

3.  Moral  law.     Those  rules  of  conduct  approved  by  the  com- 

munity. 

4.  International  law.     Those  precedents  or  customs  observed 

by  independent  nations. 

(a)  Covering  mutual  rights  and  duties  of  nations. 

(b)  Covering  rights  and  duties  of  citizens  when  in  for- 

eign states. 

5.  Municipal  law.     Those  rules  of  civil  rights  and  conduct 

which  regulate  the  action  of  the  inhabitants  of  a  nation  or 
state  with  each  other. 

IV.  Further  definition. 

1.  Positive  law.     Those  rules  of  conduct  and  of  interrelation 

prescribed  and  enforcible  by  public  authority ;  the  "law" 
of  the  courts.  Positive  laws  in  general  reflect  the  popu- 
lar conviction  of  that  which  is  reasonably  just,  equitable 
and  proper  in  the  conduct  and  relations  of  man  to  man 
under  the  average  circumstances  of  the  state  in  which  they 
prevail. 

2.  Substantive  law.     Defines  individual  rights  and  that  which 

constitutes  infringement  on  those  rights. 

3.  Remedial  law.     Relates  to  the  organization  of  courts  and 

the  manner  in  which  rights  may  be  enforced  therein. 

§  79.  Sources  of  Municipal  Law. 
I.  Written  Law. 

i.  Constitution  of  the  nation. 


Municipal  Law  121 

2.  Constitution  of  the  state. 

3.  Statutes  of  nation. 

4.  Statutes  of  state. 

5.  Ordinances   of  minor  political  subdivisions. 

6.  Contracts.     When  not  opposed  to  public  policy  or  to  the  law 

of  state  or  nation,  two  or  more  individuals  may,  by  mu- 
tual consent,  prescribe  for  themselves  rules  of  action  un- 
der certain  conditions  which  the  public  authorities  will  en- 
force, viz :  contracts. 

II.  Unwritten  J^aw. 

1.  Civil  law. 

A.  Origin.     Justinian  Code  as  codified  from  ancient  Ro- 

man laws. 

B.  Basis  of  all  Continental  European  system  of  jurispru- 

dence. 

C.  Largely  influenced  English  and  American  law  through 

William  the  Conquerer  who  conquered  England  in 
1066. 

D.  Louisiana  largely  influenced  by-  French  laws;  terri- 

tory acquired  from  Spain  largely  influenced  by 
Spanish  system  of  law,  both  of  which  are  civil  laws. 

2.  Common  Law. 

A.  Origin. 

(a)  All  the  laws  of  England,  either 'statutory  or  com- 
mon which  were  in  force  at  the  time  of  the  Dec- 
laration of  Independence,  and  recognized  by  our 
courts,  and  which  have  not  since  been  repealed. 
(b)  All  those  universal  or  local  usages  which  the 
courts  recognize  as  having  force  of  law. 

B.  Growth — by   judicial   decision;   by   established   local 

usages. 

C.  How  modified — by  statutes ;  by  judicial  decisions,  and 

to  some  extent  by  contract. 

D.  Parol  contracts. 

E.  Quasi  contracts. 

§  80.  Definitions  Concerning  Municipal  Laws. 
I.  Subject  Matter. 

i.  Political  law :  relating  to  administration  of  state  or  nation. 


122  Origin  and  Development  of  Law 

2.  Criminal  law :  relating  to  offenses  directly  prosecuted  and 

punished  by  the  state  or  nation. 

3.  Civil  law :  relating  to  legal  rights  and  duties  of  individuals 

and  legal  remedies  for  their  violation. 

II.  Object. 

1.  Primary  rights.     All  those  rights  allowed  by  law  or  arising 

from  contracts. 

A  legal  right  is  "a  power,  capacity  or  liberty  given  or  allowed 
by  law  to  a  person  in  relation  to  some  person,  thing, 
act,  or  forbearance." — Benjamin. 

A.  Rights  of  person.     Deals  with  rights  of  the  person  as 

against  any  other  individual,  viz:  those  rights 
which  attach  to  persons  as  compared  with  those 
that  affect  property,  both  as  to  individuals  and 
corporations. 

(a)  Rights  and  duties  which  attach  to  the  individual 

and  to  his  acquiring,  using  and  disposing  of 
property,  viz :  rights  of  personal  liberty  and  se- 
curity; rights  to  property. 

(b)  Rights  and  duties  of  individuals  when  forming 

social  relations,  viz :  rights  of  the  individuals  as 
husband  and  wife — parent  and  child — master 
and  servant — principal  and  agent — landlord  and 
tenant. 

(c)  Rights  and  duties  of  individuals  to  associate  as 

partners,  corporations,  etc.,  to  acquire,  use  and 
dispose  of  property,  viz:  rights  of  partnerships 
and  of  corporations. 

B.  Rights  of  things.     Deals  with  the  rights  of  the  person 

as  against  all  the  world  such  as  the  acquisition  and 
ownership  of  personal  property  and  real  estate,  with 
the  corresponding  rights  and  liabilities. 

2.  Wrongs. 

.  A.  Private  wrongs, — torts — are  those  wrongs  not  injuri- 
ous to  the  community  in  themselves,  i.  e.  injury  of 
one  individual  by  another  through  carelessness  or 
neglect  of  his  legal  obligations. 

B.  Public  wrongs, — are  those  committed  against  the  state, 
i.  e  against  the  whole  community,  viz :  disturbing  the 
peace,  disorderly  conduct,  misdemeanors  and  crimes. 


Classification  of  Law 

§  81.  Classification  and  Relation  of  Positive  Law. 


123 


.. 

C  Personal  Security 

Absolute 

Rights  J  Personal  Liberty 

[  Personal  Property 

Natural  Persons  - 

The  Public  /  Courts 

.'(Individuals) 

Relative 

\.  People 

Rights  . 

as  to 

(Husband  and  Wife 

1 

Parent  and  Child 

8- 

Guardian  and  Ward 

s 

Master  and  Servant 

&H 

Principal  and  Agent 

"S 

^Partnerships 

_§     Artificial  Persons  /Municipal  Corporations 
o  l(Ccrpcraiions)        (^Business  Corporations 

^ 

Rights  of 

e3 

;£ 

Person 

a 

j 

(Rights 

f  Constitutional 

a 

in  per- 
sonam) 

Origin 

„  _  .  ,          Statutory 
of  Rights  J  Quasi-Contracts 

^ 

"3 

1  From  Contracts 

i 

r 

[Common  Law 

9 

i 

f  Classification  /  Real 

Estate 

a 
o 

i 

t  Personal  Property 

+3 
o3 

"Purchase 

Rights  of  " 

Contract 

0 

I    Things 

Inheritance 

1 

(Rights 
in  Rem)       L  Title 

Marriage 
Grant 

« 

Judgment 

, 

1" 

,  Occupancy 

s 

I 

03 

Private       r  Torts—  Interference 
(CiivagS     t  Breach  of  Contract 

with  absolute  rights 

i 

Law) 

a> 

2  ' 

C  The  Government 

£ 

.Public        f  Crimes  Against-j  The  State 

'as 
O 

.   «~1r.i-mi-rm  1 

The  Individual 

5 

\  \~>  1  lllli  11<X  1 

Law) 

^> 

Political  Law  —  Administration 

§  82.  Enforcement  of  Law. 

In  General. 

1.  Natural  law.     Invariable  laws  of  nature. 

Natural  laws  are  always  enforced.  The  engineer  may  so 
modify  the  conditions  that  the  occurrence  of  natural  phe- 
nomena will  not  be  detrimental  to  human  interests  or  so 
that  their  occurrence  will  be  more  favorable  to  human 
interests,  as  the  case  may  be. 

2.  Divine  law.     Hope  of  future  reward  and  fear  of  eternal  pun- 

ishment. 


124  Origin  and  Development  of  Law 

3.  Ecclestiastical  law.     Church  approval  vs.  excommunication 

or  church  censure. 

4.  Moral  law.     Self-approval  vs.  self-censure,  and  approval  vs. 

censure  of  society  or  community. 

5.  International  law.     Approval  vs.  disapproval  of  nations- 

possibilities  of  war. 

6.  Municipal  law.     Popular  approval  or  disapproval  and  pen- 

alties prescribed  by  nation,  state  or  municipal  statutes. 
II.  Remedial  laws, — may  be  enforced  by 

1.  Courts  of  Common  Lazv.     Governed  by  common  law  rules 

and  strictly  bound  by  precedent.  Functions,  punishment 
and  compensation  for  acts  after  they  occur. 

2.  Courts  of  Equity.     Extraordinary  remedies  not  recognized 

by  common  law;  injunction  against  unlawful  action, — 
enforce  specific  performance. 

III.  Enforcement  of  Remedial  Laws.  Jurisdiction  of  courts,  of  com- 
mon law.  Every  person  lives  under  three  forms  of  gov- 
ernment,— national,  state,  and  local.  In  most  states  the 
courts  for  the  enforcement  of  remedial  laws  are  as  fol- 
lows: 

1.  Justice  courts, — which  are  limited  to  cases  involving  not 

more  than  $200. 

2.  Circuit  Court.     Cases  that  arise  under  laws  of  the  state ;  also 

those  that  arise  under  laws  of  the  United  States  where 
amount  involved  is  less  than  $2,000. 

3.  Supreme  Court  of  State.     Review  of  circuit  court  cases  ;  also 

court  of  original  jurisdiction  in  cases  involving  constitu- 
tional questions. 

4.  U.  S.  Circuit  Court.     Cases  under  United  States  statutes ; 

also  cases  between  citizens  of  different  states,  involving 
property  rights  of  more  than  $2,000. 

5.  U.  S.  Court  of  Appeal.     Review  of  circuit  court  decisions. 

6.  U.  S.  Supreme  Court.     Review  of  decisions  of  court  of  ap- 

peal and  of  supreme  courts  of  states.  Court  of  original 
jurisdiction  in  questions  involving  United  States  consti- 
tutional questions. 

LITERATURE 

Engineering  and  Architectural  Jurisprudence,  by  J.  C.  Wait.  Wiley 
and  Sons,  New  York. 

Laws  of  Operations  Preliminary  to  Construction  in  Engineering  and 
Architecture,  by  J.  C.  Wait.  Wiley  and  Sons,  New  York. 


Literature  125 

Manual  of  Commercial  Law,  by  E.  W.  Spencer.  The  Bobbs-Merrill  Co., 
Indianapolis,  Indiana. 

Laws  of  Business,  by  Theophilus  Parsons.  The  S.  S.  Scranton  Co., 
Hartford,  Conn. 

Business  Law,  by  T.  R.  White.     Silver,  Burdett  &  Co.,  New  York. 

'Dictionary  of  Law,  by  W.  C.  Anderson.     T.  H.  Flood  &  Co.,  Chicago. 

Cyclopedic  Law  Dictionary,  Shumaker  and  Logsdorf.     Callaghan  &  Co. 

Burgess'  Commercial  Law,  by  K.  F.  Burgess  and  J.  A.  Lyons.  Lyons  & 
Carnahan,  Chicago. 

The  Evolution  of  Government  and  Law,  by  Stephen  Haley  Allen. 
Princeton  University  Press,  1916. 


CHAPTER  VIII 

SOME  LEGAL   RELATIONS   OF  TECHNICAL  MEN 

LEGAL  RIGHTS  AND  RESPONSIBILITIES 

\ 

§  83.  Employment  in  General.1 — The  employment  of  the  techni- 
cal man  in  trade,  business  or  professional  work  is  a  contract  and  must 
contain  all  the  essential  features  of  a  contract.  Such  contracts  are  sel- 
dom written  and  are  subject  to  the  verbal  agreements  made  when  the 
employment  is  consummated. 

If  the  employment  is  for  an  indefinite  period  or  is  to  continue  so 
long  as  either  or  both  parties  are  satisfied,  it  may  be  terminated  without 
notice  and  without  expressed  reason.  If  a  certain  notice  of  termina- 
tion is  required,  such  notice  must  be  given  by  either  party  who  desires 
its  termination,  except  when  the  employee  is  discharged  for  cause. 
Employment  for  a  definite  period  "unless  sooner  terminated"  cannot  be 
terminated  prior  to  the  end  of  the  period  without  proper  cause. 

If  the  employment  is  for  a  certain  definite  period  and  the  period  if 
allowed  to  elapse  without  notice,  the  law  assumes  a  renewal  of  the  con- 
tract for  a  like  period. 

Contracts,  not  in  writing,  for  services  which  cannot  be  rendered 
within  a  year  are  void,2  but  if  the  services  are  actually  rendered,  pay- 
ment for  such  services  can  be  enforced,  not  on  the  contract  but  on  an 
inferred  contract  for  benefits  actually  received. 

When  a  person  is  employed  at  a  fixed  rate  (except  the  rate  be  for 
hours  of  service),  and  additional  duties  are  imposed,  he  cannot  secure 
extra  compensation  without  an  express  agreement  to  that  effect.3 

To  assure  remuneration  for  services  rendered  it  is  important  that 
the  contract  for  employment  be  made  with  those  legally  empowered  to 
make  such  contracts. 

The  officers  of  a  private  corporation  must  be  duly  authorized  by 
the  Board  of  Directors  to  employ  service  or  payment  for  such  service 
may  be  avoided.  The  employment  of  an  official  of  a  private  corpora- 
tion to  do  certain  things  which  cannot  be  done  without  assistants, 
clothes  him  with  authority  to  employ  such  assistants. 


1  Engineering  and  Architectural  Jurisprudence,  by  J.  C.  Wait,  Chap.  28. 

2  See  Statutes  of  Fraud,  Sec.  107. 
sWaite,  Sec.  810. 


Employment  127 

The  officials  of  a  municipality  cannot  legally  contract  for  services 
for  the  payment  for  which  no  appropriations  are  available. 

Occasionally  engineers  are  employed  in  good  faith  on  consulting 
work  by  municipal  authorities,  but  no  adequate  arrangements  are  made 
for  paying  for  their  services.  In  some  cases  a  certain  appropriation 
has  been  made  but  this  had  been  exceeded  by  the  expenditures.  In 
such  cases  an  injunction  will  lie,  preventing  any  payment  in  excess  of 
the  amount  provided.  While  such  an  injunction  is  unusual,  it  is  al- 
ways possible,  and  proper  provision  for  sufficient  funds  should  be  made 
before  the  services  are  rendered. 

§  84.  Discharge.4 — Employment  may  be  terminated  by  an  em- 
ployer before  the  contract  term  of  service  has  expired  by  reason  of  any 
of  the  following  causes : 

1.  Willful  disobedience  to  lawful  orders. 

2.  Gross  moral  misconduct. 

3.  Habitual  negligence. 

4.  Incompetency  or  incapacity. 

§  85.  Professional  Employment. — The  relations  of  the  profes- 
sional man  to  his  client  are  confidential  or  fiduciary.  To  prevent  un- 
due advantage  from  the  unlimited  confidence  which  such  relations  in- 
volve, the  law  requires  the  utmost  of  good  faith  in  all  transactions 
between  the  parties.  In  accepting  service  in  a  professional  capacity 
therefore,  the  individual  also  accepts  certain  responsibilities  without  a 
special  agreement. 

The  responsibilities  legally  implied  in  such  cases  are  summarized 
by  Wait  as  follows  :5 

1.  That  he  has  the  requisite  skill  and  knowledge. 

2.  That  he  will  use  reasonable  care  and  diligence  in  the  exercise  of 
his  skill  and  in  the  application  of  his  knowledge. 

3.  That  he  will  use  his  best  judgment ;  and 

4.  That  he  will  be  honest. 

If  the  professional  man  neglects  or  fails  to  exercise  any  one  of 
these  requirements  and  injuries  or  damages  result  from  such  neglect  or 
failure,  he  is  liable  under  the  law  for  such  injury  or  damages. 

The  law  holds  every  man  who  solicits  employment  in  any  vocation 
or  profession,  responsible  for  the  skill,  ability  and  learning  necessary 
for  the  reasonable  performance  of  his  work.  Acceptance  of  employ- 
ment is  a  warranty  that  the  employe  is  competent  to  do  the  work  in  a 
reasonably  satisfactory  manner,  and  that  he  will  do  it  faithfully  and 


4Wait,  Sees.  802-806. 
"Wait,  Sec.  831. 


128  Legal  Relations 

in  accordance  with  lawful  direction.  His  liability  is  determined  by 
his  contract  for  employment,  which  service  are  rendered  gratuitously 
or  for  a  reward. 

If  the  client  is  aware  of  the  professional  incapacity  of  his  em- 
ployee, where  employment  is  given,  no  implied  liability  is  entailed  but 
only  such  liability  as  will  result  from  actual  warrantee. 

The  employment  of  a  professional  man  does  not  imply  perfection 
in  his  work,  or  the  safety  or  durability  of  his  designs  or  construction, 
unless  it  is  proved  that  unsatisfactory  results  are  due  to  lack  of  ordi- 
nary skill,  care  or  attention.  The  acceptance  of  employment  by  a  pro- 
fessional man  does  not  imply  or  warrant  satisfactory  results,  but  fail- 
ure due  to  his  direct  fault  or  neglect  will  render  him  liable  for  damage. 
The  duty  of  the  professional  man  is  a  duty  of  reasonable  care  and  dili- 
gence in  the  performance  of  his  work.  "There  is  no  implied  promise 
that  miscalculations  may  not  occur.  An  error  of  judgment  is  not  nec- 
essary evidence  of  a  want  of  skill  or  care,  and  miscalculations  are  inci- 
dent to  all  the  business  of  life."6  He  is  responsible  for  the  conse- 
quences of  miscalculations  and  errors  only  when  it  is  shown  that  such 
miscalculations  and  such  errors  could  have  occurred  through  lack 
of  reasonable  knowledge,  skill  and  diligence;  and  such  knowledge, 
skill  and  diligence  must  be  such  as  would  be  possessed  and  exercised  by 
a  reasonably  prudent  man  in  the  same  profession.  Thus7  an  engineer 
or  architect  who  designs  a  foundation  improperly  because  he  has  neg- 
ligently failed  to  advise  himself  as  to  the  character  of  the  soil,8  or  who 
carelessly  provides  boiler  flues  in  excess  of  the  capacity  of  the  chim- 
ney9 is  liable  for  the  resulting  loss. 

The  liability  of  the  professional  man  is  determined  by  the  nature 
of  his  contract  for  employment.  This  is  seldom  in  formal  written 
form  but  is  usually  the  result  of  correspondence  or  verbal  agreement, 
and  often  is  not  definable  with  any  degree  of  certainty.  If,  however, 
he  accepts  employment  with  an  actual  or  an  implied  agreement  as  to 
certain  definite  results,  those  results  must  be  reasonably  approximated 
or  he  cannot  recover  for  his  labor  and  may  be  held  liable  for  any  dam- 
ages that  occur.  If  for  example  an  architect  is  employed  to  design  a 
building  to  cost  a  specified  sum,  and  the  plans  when  finished  cannot  be 
carried  out  without  an  expense  which  greatly  exceeds  that  sum,  the 


s  Coombs  v.  Bede,  89  Maine,  187. 

T  The  Legal  Liability  of  Architects  and  Designers,  by  R.  N.  Miller.     The 
Rose  Technic.,  Vol.  25,  p.  117.  j 

s  Louisiana  Molasses  Co.  v.  Le  Sassier,  52  La.  Am.  2070. 

e  Hubert  et  al  vs.  Artken,  15  paly  (N.  Y.)  237,  2  N.  Y.  Sup.  711. 

The  Work  of  the  Engineer,  by  B.  W.  Kennedy.    Eng.  News,  Vol.  56,  p.  563. 


Professional  Employment  129 

architect  cannot  collect  for  his  services ;  and  if  the  work  of  construction 
is  undertaken  before  the  fact  of  excess  cost  is  determined  and  the  speci- 
fied cost  is  greatly  exceeded,  the  architect  may  be  liable  for  such  dam- 
ages to  his  client?0  A  small  .difference  is  immaterial,  but  the  specified 
sum  must  be  reasonably  approximate ;  but  if  the  client  after  finding  out 
that  the  cost  will  be  increased,  decides  to  use  the  plans,  he  must  pay  for 
them. 

§  86.  The  Engineer  as  an  Agent. — Where  an  engineer  or 
architect  undertakes  to  supervise  the  construction  of  work,  he  becomes 
an  agent  of  his  client  with  the  authority  and  subject  to  the  liability  of 
agents. 

The  authority  of  an  agent  u  unless  otherwise  known  or  limited, 
consists  of : 

1.  Those  powers  directly  conferred. 

2.  Incidental  powers  reasonably  necessary  to  carry  into  effect  the 
powers  directly  conferred. 

3.  Powers  which  custom  and  usage  have  added  to  the  powers  di- 
rectly conferred. 

4.  Such  other  powers  as  the  principal  has  by  act,  neglect,  omission 
or  acquiescence  caused  or  permitted  those  dealing  with  the  agent  to 
reasonably  believe  he  has  conferred. 

5.  Powers  exercised  by  the  agent  and  subsequently  conferred  by 
the  principal. 

The  duties  of  an  agent  are  laid  down  by  Spencer  12  as  follows : 

1.  To  act  with  scrupulous  good  faith  toward  the  principal. 

2.  To  account  fully  and  properly  for  all  proceeds,  profits  and  dis- 
bursements of  the  agency. 

3.  To  exercise  due  care,  diligence  and  prudence  in  the  management 
of  the  principal's  affairs. 

4.  To  obey  all  lawful  instructions. 

5.  To  notify  the  principal  of  all  essential  matters  affecting  the 
agency. 

6.  To  act  in  person  except  where  authority  to  act  through  another 
:s  expressed  or  implied. 

The  engineer  or  architect  cannot  legally  act  as  agent  for  two 
parties  having  adverse  interests. 

The  extent  of  the  powers  of  the  engineer  or  architect  should  always 
be  defined  in  the  contract.  When  this  is  not  done,  such  authority  will 
be  determined  by  the  character  of  the  construction  and  the  objects  in- 

10  Edward  Barren  Estate  Co.  vs.  Woodruff  Co.  163  Cal.  561,  126  Pac.  351. 

"Contracts  in  Engineering.     J.  I.  Tucker,  Sec.  146. 

12  See  Manual  of  Commercial  Law.     E.  W.  Spencer,  Sec.  578. 


130  Legal  Relations 

tended  to  be  accomplished.  Authority  to  adopt  reasonable  and  proper 
means  to  carry  the  contract  into  effect  will  be  inferred. 

The  engineer  has  no  other  authority  in  the  supervision  of  work 
than  that  which  can  reasonably  be  inferred  from  the  nature  of  the  work, 
or  that  which  is  specifically  provided  in  the  contract.  Inferred  au- 
thority is  open  to  dispute  so  that  it  is  always  desirable  that  the  details 
of  the  authority  to  be  delegated  to  the  engineer  should  be  specifically 
provided  in  the  contract. 

In  the  absence  of  special  provision  therefore,  the  engineer  or 
architect  cannot  delegate  his  authority  to  another.  In  the  matter  of 
positions  of  special  trust  and  confidence  in  the  professional  knowledge, 
skill  and  judgment  of  the  employee,  the  client  has  the  right  to  select 
his  own  agent  and  might  not  be  satisfied  with  the  selection  of  another. 

The  engineer  or  architect  is  liable  for  the  acts  of  his  assistants 
when  he  employs  such  assistants  on  his  own  account  to  assist  him  in  his 
undertaking,  but  not  when  such  assistants  are  employed  by  his  client 
even  though  he  select  them  on  behalf  of  his  client  and  they  are  subject 
to  his  own  direction  and  control. 

The  engineer  or  architect  is  presumed  to  know  the  extent  of  his 
own  power  and  if  he  exceeds  his  authority  and  work  is  done  under  his 
direction  for  which  he  has  no  authority,  he  makes  himself  personally 
liable. 

§  87.  The  Engineer  as  Arbiter. — It  is  common  in  construction 
contracts  to  confer  upon  the  engineer  or  architect  arbitrary  powers  to 
reject  or  condemn  work  or  material  which  in  his  judgment  is  faulty, 
and  in  some  cases  to  require  certain  expenditures  for  inspection,  pro- 
tection or  safety  of  the  work,  if  in  his  judgment  they  are  necessary  but 
which  may  be  burdensome  and  unfair  if  not  administered  in  an  impar- 
tial and  judicial  spirit.  These  powers  have  been  sustained  by  the  court 
when  exercised  in  apparent  good  faith.  Against  this  arbitrary  power 
the  contractor  has  no  redress  unless  corruption  can  be  shown. 

In  a  Canadian  case  of  this  kind  the  court  said :  "I  have  always 
thought  the  position  of  an  arbitrator  a  most  absurd  one.  He  has 
powers  given  him  that  are  given  to  no  other  being  in  the  world,  and  it 
results  in  hard  feeling  and  litigation ;  but  the  parties  if  they  choose  to 
enter  into  such  a  contract  must  abide  by  it,  having  put  him  in  position 
of  sole  arbitrator  they  have  to  show,  if  they  want  to  hold  him  liable,  not 
that  he  has  exercised  a  very  poor  judgment  but  that  he  is  unskilled,  that 
he  has  been  dishonest  and  fraudulent.13 


Bagley  v.  Dickson,  13  Ont.  »App.  484;  also  Wait,  Sec.  848. 


Engineer  as  Arbiter  131 

As  lack  of  good  faith  or  corruption  is  often  hard  to  demonstrate  to 
the  satisfaction  of  a  court  or  jury,  the  contractor  may  be  unfairly  used 
and  put  to  much  unnecessary  expense  through  the  ignorance,  injustice 
or  even  the  malicious  decision  of  the  engineer. 

It  is  evident  therefore  that,  when  by  the  terms  of  a  contract  an  en- 
gineer or  architect  is  clothed  with  discretionary  or  quasi-judicial  power 
and  exercises  that  power  in  good  faith,  he  cannot  be  held  responsible 
for  his  acts  or  findings.  Such  conditions  obtain  when  he  acts  as  ar- 
biter or  referee  in  the  determination  of  disputed  questions  or  of  matters 
of  fact  which  appertain  to  the  completion  of  work  or  the  basis  of  pay- 
ment for  the  same. 

The  same  principles  hold  in  the  exercise  of  discretionary  power  by 
a  public  officer ;  in  general  such  officers  are  not  liable  to  private  individ- 
uals for  injuries  resulting  from  their  act  or  neglect  or  for  the  acts  or  neg- 
lect of  their  subordinates.  The  public  official  being  elected  or  appointed 
can  not  be  held  on  an  implied  agreement  to  exercise  the  requisite  skill, 
diligence  and  judgment  for  his  work. 

§  88.  Ownership  of  Plans,  Designs  and  Inventions. — Unless 
otherwise  specifically  agreed,  the  plans  for  a  structure  will  belong  to  the 
owner  when  he  has  paid  the  engineer  or  architect  a  reasonable  price  for 
his  services,  at  least  during  the  tiirfe  and  for  the  purpose  of  construc- 
tion. Whether  or  not  the  designer  can  require  a  return  of  the  plans 
after  their  use,  even  when  such  is  shown  to  be  the  universal  local  cus- 
tom, has  not  been  clearly  settled. 

The  unauthorized  use  of  such  plans  by  copying  or  building  from 
them  is  held  illegal,  unless  they  are  published  to  the  world,  in  which 
case,  unless  copyrighted,  they  become  public  property. 

The  plans,  designs  and  inventions)  of  an  employe  are  the  prop- 
erty of  the  employer  only  if  such  ownership  is  agreed  or  reasonably  im- 
plied. 

Where  a  professional  designer  is  employed  for  the  purpose  of  de- 
sign he  has  no  rights  in  the  design  produced  during  his  employment,  but 
the  rights  of  discovery  of  a  new  method  of  construction  or  of  a  new 
process  or  material,  would  remain  in  the  employee,  although  the  em- 
ployer might  retain  a  license  to  use  them  if  the  discovery  was  in  the 
direct  line  of  effort  for  which  the  designer  was  employed.  The  results 
of  the  work  of  the  designer  outside  of  office  hours  are  however  his  per- 
sonal property.  In  general,  the  same  principles  apply  to  inventions. 

THE  ENGINEER  IN  LEGAL  PROCEEDINGS 
§  89.  Necessity   of   Expert    Service. — In    litigation    involving 
technical  matters  it  is  commonly  necessary  for  the  parties  involved  to 


132  Legal  Relations 

call  in  engineers  who  are  specially  informed  on  the  matter  in  question. 
This  is  made  necessary  by  the  fact  that  the  attorneys  employed,  while 
possibly  learned  in  the  law  affecting  the  case  at  issue,  cannot  be  in- 
formed on  the  many  and  diverse  technical  matters  which  they  are 
called  upon  to  present  to  the  courts.  It  is  highly  desirable  that  the  at- 
torneys employed  on  any  technical  case  should  have  had  previous  ex- 
perience on  similar  cases,  as  such  experience  will  greatly  facilitate  the 
preparation  of  the  case  and  assure  its  more  adequate  presentation. 

In  any  event  technical  litigation  will  ordinarily  require  expert  serv- 
ice for  the  purpose  of : 

First:  Consultation  in  regard  to  the  technical  details  involved. 
Second:  Assistance  in  the  preparation  of  the  case. 
Third:  Assistance  in  the  examination  of  technical  witnesses  by  the 
attorney. 

Fourth:  As  expert  witness. 

§  90.  Consultation. — In  most  cases  where  litigation  arises 
concerning  technical  projects  or  affairs,  there  are  certain  questions  in- 
volved which  are  more  or  less  doubtful.  These  questions  must  be  de- 
termined by  evidence  concerning  the  facts  in  the  case,  and  often  by  the 
opinions  of  men  experienced  in  the  particular  subject  as  to  the  bearing 
of  the  facts  on  the  points  at  issue.  It  is  therefore  evident  that  before 
litigation  is  begun,  all  such  facts  and  the  logical  conclusions  to  be  drawn 
from  the  same  should  be  determined  by  those  who  are  qualified  by 
learning  and  experience  to  judge  as  to  their  significance  and  as  to  the 
correctness  of  the  claim  which  it  is  proposed  to  support  by  legal  action. 

When  the  engineer  is  called  in  on  such  matters  he  should,  before 
he  expresses  an  opinion  in  regard  to  the  point  at  issue,  determine  all 
of  the  facts  in  the  case  and  all  of  the  conditions  which  surround  it  and, 
after  careful  deliberation  and  study,  deduce  the  logical  conclusions 
which  naturally  follow  such  facts  and  conditions.  Opinions  based 
on  an  ex  parte  statement  of  the  matter  are  often  quite  misleading  and 
should  be  studiously  avoided  and  before  his  final  conclusions  upon  any 
important  questions  are  rendered  he  should  insist  upon  the  oppor- 
tunity of  a  thorough  investigation  and  a  careful  consideration  of  all 
of  the  facts  and  data,  and  upon  a  careful  examination  of  the  best 
authorities  available.  Perhaps  the  suit  itself  or  at  least  the  results  of 
the  suit  may  depend  upon  the  truth  of  the  opinions  he  expresses,  and 
in  the  course  of  the  litigation,  if  such  litigation  is  undertaken,  it  is  more 
than  likely  that  any  opinion  and  conclusion  which  he  has  expressed  will 
be  subject  to  scrutiny  of  others  equally  well  informed  who  will  be  called 
on  by  the  other  side  of  the  litigation  and  whose  equal  duty  it  becomes 


Consultation  133 

to  see  that  the  rights  of  their  clients  are  fully  preserved  and  that  justice 
prevails. 

It  is  obvious  that  no  conscientious  professional  man  will  knowingly 
accept  employment  which  involves  an  attempt  to  subvert  justice  and 
permit  wrong  to  triumph.  It  is  however  frequently  the  case  that  tech- 
nical questions  are  so  involved  that  there  are  facts  and  conditions  which 
seem  fairly  to  warrant  the  justice  of  the  claims  made  by  both  parties  to 
the  litigation.  It  is  the  undoubted  right  of  each  to  present  disputed 
claims  in  the  light  most  favorable  to  themselves  so  long  as  the  truth  is 
not  perverted  and  justice  is  the  ultimate  aim.  For  this  reason,  unless 
it  is  evident  that  the  purpose  of  the  client  is  unfair  or  dishonest  or  that 
his  claims  are  founded  on  a  perversion  of  facts  or  incorrect  conclusions, 
there  is  no  reason  why  he  should  not  be  fully  entitled  to  professional 
aid  to  the  extent  that  the  ends  of  justice  and  equity  require. 

Unfortunately  the  desire  of  the  client  is  not  always  limited  to  the 
above  ends.  Frequently  he  desires  to  win  his  case  regardless  of  law  or 
of  equity,  and  he  is  not  always  scrupulous  as  to  the  methods  employed 
provided  the  desired  ends  are  consummated.  Not  only  is  this  the  case, 
but  it  is  frequently  true  that  personal  bias  of  the  client,  his  attorney  and 
engineers  is  so  developed  by  their  personal  interests  and  their  associa- 
tion with  the  question  involved  that  they  are  unable  to  discriminate  as 
to  the  justice  of  the  case  of  as  to  the  logical  conclusions  to  be  drawn 
from  the  facts  and  conditions.  Such  bias  is  but  human  and  may  be 
justly  condoned  so  long  as  it  does  not  lead  to  an  attempt  at  fraud  or  de- 
ceit. When  carried  so  far  as  to  create  the  belief  that  victory  is  so  de- 
sirable that  the  end  will  justify  any  means,  it  reaches  beyond  the  pale 
of  honorable  practice,  and  employment  in  such  case  must  be  avoided  by 
all  conscientious  men. 

§  91.  Preparation  of  the  Case. — Having  convinced  himself  of 
the  truth  and  justice  of  his  client's  contention,  the  engineer  may  be  of 
great  value  in  the  preparation  of  the  case  for  its  presentation  in  court. 
In  this  work  the  engineer  must  not  only  fully  inform  himself  in  regard 
to  all  facts  and  conditions  affecting  the  case  but  he  must  collect  all  in- 
formation and  data  and  arrange  and  classify  the  same  in  such  form  as 
will  best  serve  the  purposes  of  presenting  the  matter  to  expert  witnesses 
for  their  examination  and  for  their  use  in  forming  their  opinions  and 
preparing  their  evidence,  and  of  presenting  the  facts  to  the  court  dur- 
ing the  progress  of  the  case. 

The  engineer's  work  will  consist  of  securing  and  arranging  the 
facts  and  data  pertinent  to  the  case  and  in  devising  means  and  methods 
by  which  the  facts  and  principles  involved  may  be  so  simplified,  clari- 
fied and  presented  as  to  make  the  conclusions  as  nearly  obvious  as  pos- 


134  Legal  Relations 

sible  to  the  minds  of  the  court  or  of  the  jury.  Frequently  the  matter 
involved  may  be  complicated  or  of  such  a  distinct  and  technical  nature 
that  it  will  not  be  easily  understood  by  those  unfamiliar  with  it  or  those 
who  are  not  technically  informed.  It  is  often  exceedingly  difficult  to 
simplify  scientific  or  technical  principles  so  that  they  may  be  compre- 
hended by  the  non-technical  and  that  the  logical  conclusions  may  be 
seen  and  appreciated.  To  accomplish  this  will  require  all  of  the  in- 
genuity, ability  and  knowledge  of  the  professional  man.  He  must  en- 
deavor to  understand  the  normal  point  of  view  of  the  judge  or  jury  and 
to  arrange  the  matter  and  the  material  so  that  they,  with  their  limited 
knowledge  and  experience  in  such  matters,  may  be  able  to  grasp  the 
facts  and  deduce  conclusions  after  the  presentation  of  the  technical  or 
scientific  principles  by  the  expert  witness. 

In  this  connection  and  prior  to  the  presentation  of  the  case  in  court, 
the  engineer  has  first  to  present  these  matters  in  a  similar  way  to  the 
attorney  for  his  client.  Here  he  has  an  auditor  whose  normal  bias 
gives  him  the  inclination  to  accept  conclusions  favorable  to  the  client 
but  who  must  normally  be  shown  the  logic  of  the  conclusions  and  be 
convinced  that  the  facts,  conditions  and  principles  as  laid  out  by  the  en- 
gineer are  capable  of  proof  and  are  a  proper  and  scientific  method  of 
presenting  the  case.  The  engineer  must  clearly  inform  the  counsel  as 
to  the  principles  involved  so  that  he  may  properly  appreciate  the  ways 
and  means  by  which  the  matter  may  best  be  presented.  The  very  need 
of  the  engineer  in  the  preparation  of  the  case  is  due  to  the  fact  that  the 
attorneys  in  the  case  are  working  in  a  field  more  or  less  foreign  to  their 
common  practice  and  in  which,  while  generally  informed,  they  are  ig- 
norant of  the  details  and  principles  which  apply  to  its  more  technical 
aspects.  The  engineer  and  counsel  must  work  in  unison,  for  the  en- 
gineer on  his  part  is  normally  ignorant  of  the  detailed  methods  of  court 
procedure,  so  that  the  preparation  of  the  case  must  be  carried  on  by  fre- 
quent interviews  and  discussions  in  order  that,  by  the  combined  effort 
of  the  attorney  and  engineer,  the  matter  may  be  presented  in  the  best 
possible  manner. 

The  engineer  may  also  be  of  great  aid  in  the  selection  of  expert 
.witnesses  whom  he  knows  to  be  trustworthy,  capable,  throughly  in- 
formed on  the  matter  involved,  and  able  to  present  their  ideas  and 
opinions  in  court  in  such  a  manner  that  the  judge  or  jury  may  be  im- 
pressed by  their  learning,  ability  and  honest  intentions  and  understand 
and  appreciate  the  conclusions  which  he  endeavors  to  elucidate. 

An  engineer  may  also  greatly  assist  the  attorney  in  forecasting,  so 
far  as  practicable,  the  probable  line  of  expert  testimony  which  will  be 


Technical  Witness  135 

offered  by  the  opposite  side  and  by  arranging  for  witnesses  qualified  to 
meet  it.  In  general,  the  attorneys  must  rely  entirely  upon  their  tech- 
nical adviser  in  such  matters. 

§  92.  Examination  of  Technical  Witnesses. — An  engineer  who 
has  thoroughly  studied  the  subject  and  fully  appreciates  the  principles 
involved  and  the  essential  ideas  which  it  is  desirable  to  develop  in  order 
to  properly  present  the  matter  to  judge  or  jury,  can  be  of  great  value 
as  an  adviser  both  in  the  direct  and  in  cross  examination.  On  prin- 
ciples that  are  well  established,  the  same  answer  will  undoubtedly  be 
given  by  the  expert  witness  of  either  party.  On  questions  depending 
on  opinion  such  answers  may  differ  largely.  No  matter  how  honest 
the  expert  witness  may  be,  he  is  not  allowed  to  volunteer  information 
and  can  give  an  answer  only  when  a  proper  question  is  propounded. 
It  is  practically  impossible  for  one  unfamiliar  with  the  technical  matter 
at  issue  to  frame  questions  so  that  they  will  necessarily  involve  the  an- 
swer sought,  and  many  technical  cases  have  been  lost  by  the  inability 
of  the  attorneys  to  understand  and  bring  out  the  facts  and  principles  at 
issue  (see  Sec.  51)  even  from  their  own  witnesses.  The  difficulty  is 
accentuated  in  the  case  of  cross  examination  where  the  opposing  wit- 
ness, who  is  often  more  or  less  antagonistic,  must  be  made  to  give  the 
answer  desired  by  a  carefully  framed  question  which  will  admit  of  no 
alternative.  Technical  cases  have  been  won  purely  on  cross  examina- 
tion of  opposing  witnesses  by  attorneys  well  versed  in  the  subject 
under  litigation  and  advised  by  competent  experts. 

§  93.  The  Expert  Witness. — The  selection  of  an  engineer,  ex- 
pert in  his  specialty,  is  a  matter  of  great  difficulty  (see  Sec.  in)  ;  but 
the  selection  of  an  expert  witness  is  even  more  difficult,  for  a  man  may 
be  thoroughly  informed  in  his  specialty,  competent  to  design  and  con- 
struct and  yet  may  be  unsuitable  to  present  his  ideas  and  opinions  in 
court  in  such  a  manner  that  the  judge  or  jury  will  understand  the  tech- 
nical principles  involved  and  the  conclusions  which  logically  follow  from 
the  facts  and  conditions. 

"Unfortunately  the  average  technical  man  cannot  explain  his  work 
so  a  layman  can  understand  it ;  the  average  engineer  has  this  fault  in  an 
unusual  degree,  and  the  successful  presentation  of  his  testimony  may 
be  a  matter  of  considerable  training,  in  order  that  he  will  drop  his  tech- 
nicalities and  details  and  stick  solely  to  the  essentials  of  the  case.  If  he 
will  tell  his  story  for  his  own  side  so  that  it  can  be  understood,  his  in- 
ability to  explain  himself  clearly  under  the  cross-examination  of  the 
opposing  counsel  may  be  safely  left  to  work  itself  out."  (Eng.  Rec. 
Vol.  60,  p.  141.) 


136  Legal  Relations 

"There  is  nothing  unprofessional  in  the  initial  presumption  of  an 
engineer  that  a  prospective  client's  interest  justifies  professional  defence, 
or  in  exerting  his  best  efforts  in  making  that  defence  even  though  there 
may  be  more  or  less  doubt  involved.  In  fact,  that  doubt  is  just  what 
should  be  turned  into  a  certainty  in  favor  of  the  client  if  possible.  If 
on  the  other  hand,  it  is  clear  that  the  technical  position  taken  by  the 
client  is  indefensible  as  an  engineering  proposition,  any  engineer  would 
be  recreant  to  his  professional  principles  if  he  did  not  plainly  and  un- 
qualifiedly advise  that  client  of  the  erroneous  position  assumed  by  him. 
This  is  by  no  means  an  uncommon  experience.  There  probably  are  few 
engineers  who  have  had  much  consultation  experience  who  could  not 
name  a  considerable  number  of  cases  where  the  only  true  professional 
course  has  been  to  advise  an  emphatic  negative  to  propositions  where  an 
encouraging  affirmative  was  confidently  expected.  There  is,  however, 
no  evading  this  kind  of  responsibility.  As  a  professional  man  he  is 
bound  by  the  highest  professional  obligation  to  place  his  best  judgment 
and  knowledge  at  the  service  of  those  who  seek  him,  whether  the  result 
favors  the  contemplated  project  or  not.  It  is  as  much  his  duty  to  tell  a 
client  that  he  is  wrong,  if  he  is  wrong,  as  to  tell  him  he  is  right  when  he 
is  right."  (Eng.  Rec.  Vol.  57,  p.  737.) 

Not  only  are  the  parties  to  litigation  frequently  wrong  in  their 
views  of  the  rights  and  principles  involved,  but  too  often  a  deliberate 
attempt  is  made  to  bolster  up  an  unjust  case  by  biased  evidence. 

"One  of  the  leading  American  constructing  engineers  was  asked  to 
serve  as  an  expert  witness  in  an  important  suit.  He  had  the  usual  aver- 
sion to  such  work,  but  the  prominence  of  the  parties  asking  him  to  serve 
was  so  great  that  he  did  not  care  to  decline  outright.  He  accordingly 
named  an  excessive  fee  and  expected  the  matter  to  drop  there.  To  his 
astonishment  the  fee  was  immediately  approved  and  the  lawyers  vis- 
ited him  to  explain  the  case  and  state  just  what  he  was  expected  to  tes- 
tify. He  protested  that  the  tesimony  would  be  seriously  incorrect 
technically,  but  he  was  then  informed  that  such  things  were  really  mat- 
ters of  judgment  and  the  very  large  fee  he  was  to  receive  was  for  the 
purpose  of  showing  to  the  court  that  the  desired  opinions  were  held  by 
an  eminent  engineer.  If  he  changed  his  views  after  the  case  was  set- 
tled it  would  be  a  matter  of  indifference  to  the  lawyers  and  their  clients. 
It  is  hardly  necessary  to  say  that  the  engineer  did  not  see  the  matter  in 
the  same  light."  (Eng.  Rec.  Vol.  62,  p.  533.) 

It  is  said  that  in  the  early  courts  of  Rome  there  were  certain  indi- 
viduals who  wore  straw  in  their  shoes ;  this  was  to  signifv  that  they 
were  prepared  to  go  into  court  and  swear  to  whatever  conditions  their 
clients  might  desire.  There  are  very  few  such  men  in  the  ranks  of  the 


The  Expert  Witness  137 

gineering  profession,  and  those  who  do  appear  soon  sink  into  the  obliv- 
ion they  so  justly  merit.  No  man  in  any  profession  who  blinds  his  con- 
science in  favor  of  unrighteousness  can  hope  to  attain  that  respect  and 
eminence  which  should  be  the  object  and  desire  of  every  man. 

In  numerous  legal  proceedings  of  the  same  class,  it  is  common  to 
find  certain  individuals  uniformly  representing  one  aspect  of  the  same 
question.  For  example  in  the  condemnation  of  public  utilities,  certain 
experts  if  employed  are  uniformly  employed  on  the  part  of  municipali- 
ties while  certain  others  are  as  uniformly  employed  only  on  the  side  of 
utilities.  This  is  due  not  necessarily  to  dishonesty  but  to  a  certain  bias 
of  the  individual  judgment  that  makes  his  testimony  of  greatest  value 
to  the  side  which  he  commonly  represents. 

This  bias  may  be  more  or  less  radical  and  is  often  the  result  of 
peculiar  experience  or  a  one  sided  point  of  view,  and  in  many  cases  the 
opinions  of  such  parties  would  be  radically  changed  if  they  were  called 
upon  to  carefully  consider  the  subject  from  a  different  aspect. 

It  may  be  added  that  whenever  an  honest  and  conscientious  en- 
gineer finds  himself  repeatedly  called  to  sustain  a  certain  definite  point 
of  view  in  a  variety  of  similar  cases,  he  will  do  well  to  carefully  analyze 
his  position  and  examine  the  basis  of  his  opinions  and  determine 
whether  his  conclusions  are  not  being  radically  affected  by  the  limita- 
tions of  his  experience  and  affiliations  rather  than  by  any  profound 
knowledge  of  the  subject. 

§  94.  Qualifications. — In  order  to.  be  competent  as  an  expert, 
the  witness  must  show  that  he  possesses  knowledge  or  skill  in  the  mat- 
ter on  which  his  evidence  is  desired.  His  qualifications  may  depend  on 
observation,  experience  or  study.  The  extent  and  nature  of  the  prac- 
tice and  experience  which  can  be  shown  to  qualify  him  particularly  for 
a  proper  judgment  of  the  matter  at  issue  will  often  greatly  affect  his 
value  as  a  witness.  His  qualifications  are  usually  demonstrated  by  an 
examination  preliminary  to  his  admission  as  a  witness,  in  which  he  is 
given  opportunity  to  explain  his  knowledge  and  experience,  his  oppor- 
tunities for  observation  and  investigation,  and  such  other  facts  as  may 
demonstrate  his  fitness.  His  admission  as  a  witness  is  largely  within 
the  discretion  of  the  court. 

§  95.  Expert  Evidence. — In  general  the  opinions  of  witnesses 
are  inadmissible  as  evidence  and  are  considered  irrelevant.  The  excep- 
tions to  this  rule  are  in  those  cases  where  the  opinions  of  experts  are  re- 
ceived, and  such  cases  are  confined  to  subjects  beyond  the  knowledge  of 
men  of  ordinary  education  and  experience. 


138  Legal  Relations 

In  many  cases  where  the  subjects  of  litigation  are  wholly  unfa- 
miliar to  the  judge  or  jury,  the  admission  of  expert  testimony  is  the 
only  adequate  method  of  arriving  at  substantial  justice.  Nevertheless 
such  evidence  is  often  justly  considered  of  little  credence  or  value. 

"The  evidence  of  experts  is  of  the  very  lowest  order  and  the  most 
unsatisfactory  character."14 

"It  is  the  inherent  infirmity  of  expert  testimony  that  it  consists 
largely  of  matters  of  opinion  in  addition  to  those  elements  of  weakness 
and  uncertainties  which  enter  into  the  testimony  of  those  who  relate 
simply  what  they  have  seen  or  heard.  We  have,  in  expert  testimony, 
the  deductions  and  reasoning  of  the  witnesses  with  all  the  chances  of 
error  incident  to  human  reasoning.  The  notorious  fact  that  experts 
of  equal  credibility  and  skill  are  found  in  almost  every  important  case, 
testifying  to  directly  opposite  conclusions,  illustrates  both  the  fallibility 
of  such  testimony  and  the  fact  that  a  conviction  for  perjury  based  upon 
such  evidence  would  be  very  difficult.  It  is  a  matter  of  common  ob- 
servation in  the  courts  that  witnesses  of  the  highest  character  and  of 
undoubted  veracity  may  be  easily  lead  as  experts  to  espouse  and  de- 
fend a  theory  with  all  the  zeal  of  the  advocate."15 

"Lord  Campbell,  in  the  case  of  the  Tracy  Peerage  (10  C.  &  F.,  154, 
191),  placed  on  record  his  judgment  of  the  worthlessness  of  the  system 
which  would  fain  evoke  a  judicial  answer  or  opinion  from  a  human  be- 
ing whose  preparation  for  thus  thinking  and  speaking  had  been  a  life 
of  weeks  or  months,  may  be  in  the  environment  which  ordinarily  falls 
to  the  lot  of  the  advocate ;  not  to  speak  of  the  futility  of  expecting  to 
get  such  an  opinion  from  a  man  placed  in  the  witness  stand,  and  con- 
demned to  say  naught  but  in  answer  to  ingeniously  concocted,  perhaps 
more  or  less  rasping  questions.  "I  do  not  mean,"  said  Lord  Campbell, 
"to  throw  any  reflection  on  Sir  Frederick  Madden.  I  dare  say  he  is  a 
very  respectable  gentleman,  and  did  not  mean  to  give  any  evidence  that 
was  untrue ;  but  really  this  confirms  the  opinion  I  have  entertained, 
that  hardly  any  weight  is  to  be  given  to  the  evidence  of  what  are  called 
scientific  witnesses  ;  they  come  with  a  bias  on  their  minds  to  support  the 
cause  in  which  they  are  embarked ;  and  it  appears  to  me  that  Sir  Fred- 
erick Madden,  if  he  had  been  a  witness  in  a  case,  and  had  been  asked 
on  a  different  occasion  what  he  thought  of  this  handwriting,  would 
have  given  a  totally  different  answer."16 


14  Whittaker  v.  Parker,  42  Iowa  586. 

is  Jones  on  Evidence,  2d  Ed.  Sec.  390. 

16  On  the  Best  Manner  of  Making  Use  of  the  Services  of  Experts  in  the 
Conduct  of  Judicial  Inquiries,  by  Clemens  Herschel.  Eng.  News,  Apr.  9,  1887, 
p.  234. 


Expert  Evidence  139 

Much  that  is  similar  to  the  above  has  been  said  from  the  bench  and 
by  writers  on  Evidence  in  criticism  of  expert  testimony  and  some  radi- 
cal change  is  undoubtedly  desirable  in  judicial  procedure  in  order  that 
such  testimony  may  be  utilized  to  conserve  the  ends  of  justice.  It  is 
too  much  to  expect  however  that  this  will  ever  be  accomplished  so  long 
as  the  courts  must  depend  either  upon  the  presentation  of  evidence  by 
experts  employed  by  the  opposing  parties  in  the  case  who  from  the  na- 
ture of  the  judicial  procedure  are  more  or  less  biased  in  favor  of  their 
client,  and  are  not  permitted,  even  if  they  so  desire,  to  express  their 
competent  and  unbiased  opinion  on  the  subject.  The  questions  asked 
are  so  framed  as  to  command  the  answers  given,  and  the  nature  of  the 
cross  examination  is  usually  an  endeavor  to  confuse  the  witness,  be- 
little his  ability,  prove  the  falsity  of  his  opinion  and  as  a  result  arouse 
the  antagonism  which  is  detrimental  to  the  ends  of  justice. 

Expert  witnesses  are  but  human  and  humanity  is  not  infallible 
even  when  clothed  in  the  garments  of  the  court.  Our  highest  tribunals 
are  closely  divided  on  judicial  opinions,  and  many  cases  are  decided  by 
bare  majorities,  showing  that  entirely  disinterested  and  fair  minded 
judges  are  not  able  to  arrive  at  unanimous  decisions.  In  other  cases 
judicial  decisions  have  been  rendered  by  jurists  whose  interests  or  con- 
nections have  been  such  as  to  bias  their  judgment  so  that  their  impeach- 
ment resulted  as  a  consequence  of  glaringly  erroneous  decisions.  Even 
the  supreme  court  of  the  United  States  decided  the  Tilden-Hayes  Pres- 
idential controversy  on  purely  political  lines,  and  numerous  cases  might 
be  cited  both  of  the  supreme  court  and  of  lower  courts  where  the  de- 
cisions have  resulted  from  pure  bias.  The  fact  that  such  bias  may  and 
sometimes  does  exist,  is  recognized  by  the  provisions  of  the  law  which 
permits  attorneys  on  a  presentation  of  a  sworn  statement  of  prejudice 
to  seek  another  jurisdiction  for  the  trial  of  their  case. 

In  a  recent  case  in  one  of  our  states,  in  which  a  very  important 
public  question  had  aroused  considerable  public  controversy,  a  special 
court  made  up  of  seven  judges,  after  hearing  extended  evidence  on  the 
subject,  decided  the  matter  on  purely  political  lines.  There  was  not 
one  of  the  judges  acting  in  the  case  but  that,  on  the  final  ballot,  voted 
from  the  point  of  view  which  was  most  popular  in  the  district  which  he 
represented. 

It  is  evident  that  in  the  nature  of  cases  requiring  expert  testimony, 
such  testimony  will  be  arranged  beforehand  and  that  neither  side  will 
call  witnesses  whose  testimony  will  be  detrimental  to  their  interests.  It 
is  obvious  that  under  these  circumstances  the  expert  witness  has  al- 
ready expressed  his  opinion  on  the  subject  and  that  such  opinion  is 
favorable  to  his  client.  In  many  cases  this  opinion  has  been  due  not 


140  Legal  Relations 

only  to  a  careful  consideration  of  the  facts  and  data  available  but  to  a 
long  and  exhaustive  examination  and  consideration  from  the  point  of 
view  of  the  client.  Under  such  circumstances  it  is  certain  that  the  ex- 
pert will  be  interested  on  his  client's  side  of  the  case  and  will  ordinarily 
desire  its  success.  He  is  moreover  under  certain  obligations  for  em- 
ployment by  his  client  and  under  such  circumstances  his  judgment  can- 
not be  altogether  unbiased.  While  this  condition  has  its  objectionable 
features,  it  is  equally  true  that  it  is  not  without  its  advantages.  This 
partisanship  is  not  without  its  use  in  the  ultimate  triumph  of  equity  and 
justice,  for  it  leads  to  a  most  careful  scrutiny  of  the  case  in  an  endeavor 
to  bring  out  all  of  the  points  which  tend  to  demonstrate  the  justice  of  his 
client's  claim,  and  it  is  doubtful  if  this  could  be  accomplished  by  the  un- 
biased investigation  of  an  entirely  disinterested  expert. 

"The  thoughtless  observer  of  a  trial  is  likely  to  draw  the  impression 
that  the  representatives  of  each  side  are  monumental  liars,  but  this  opin- 
ion is  generally  entirely  wrong  for  three  reasons,  one  being  that  most 
witnesses  testify  merely  from  memory  without  the  help  of  a  diary,  an- 
other being  that  the  lawyers  often  succeed  in  preventing  a  witness  from 
telling  the  whole  truth,  and  the  third  being  that  where  the  divergence  of 
views  between  two  parties  was  a  matter  of  slow  development  and  the 
case  was  a  long  time  in  coming  to  trial,  the  recollections  of  the  various 
parties  must  inevitably  be  tinged  by  their  own  interests  and  not  those  of 
their  opponents.  The  court  and  jury  are  consequently  obliged  to  take 
this  mass  of  conflicting  evidence  and  ascertain  as  far  as  possible  by  the 
preponderance  of  creditable  testimony  on  which  side  justice  probably 
lies,  or  whether  both  parties  are  not  partly  wrong  and  partly  right, 
which  last  condition  is  almost  always  the  case.  If  the  dispute  involves 
technical  features  it  is  evident  that  greater  complexity  is  introduced, 
because  here  conditions  which  are  not  within  the  knowledge  of  most 
men  must  be  thoroughly  understood  before  a  case  can  be  equitably  de- 
cided."— Eng.  Rec.  Vol.  60,  p.  141. 

§  96.  Desirable  Reform  of  Procedure. — From  the  previous  con- 
sideration of  the  matter,  it  is  evident  that  the  present  status  of  expert 
testimony  must  be  regarded  as  largely  normal  and  nothing  more  than, 
what  should  reasonably  be  expected.  It  is  only  the  part  of  wisdom 
therefore  that  the  procedure  in  such  cases  should  be  corrected  along  the 
lines  which  will  utilize  the  beneficial  results  of  the  present  system  of  in- 
troducing expert  evidence  and  offset  its  disadvantages  by  the  use  of  the 
expert  or  board  of  experts  as  the  adviser  of  the  court. 

It  is  not  desirable  that  the  present  system  be  entirely  dispensed 
with  or  that  the  freedom  of  the  parties  to  present  any  competent  testi- 


Expert  Evidence  141 

mony  be  abridged.  It  has  occasionally  been  advocated  that  no  experts 
should  be  heard  except  those  appointed  by  the  court,  but  it  is  a  fact  be- 
yond question  that  the  courts  are  not  as  a  rule  competent,  in  this  day  of 
narrow  specialties,  to  select  experts  adequate  to  bring  out  properly  all 
of  the  points  at  issue,  and  are  otherwise  so  subject  to  human  weaknesses 
that  such  appointments  would  not  be  beyond  the  pale  of  personal  and 
political  influence. 

In  the  judicial  procedure  of  cases  of  expert  evidence,  what  is 
needed  at  the  present  time  is  not  that  the  expert  should  be  chosen  by 
the  court  but  that  the  court  should  have  expert  advisers  who  are  able 
to  weigh  properly  the  testimony  submitted  and  to  differentiate  on  the 
basis  of  their  scientific  or  technical  knowledge  of  the  subject  the  true 
from  the  false,  the  essential  and  the  non-essential,  and  to  draw  correct 
conclusions  from  the  mass  of  evidence  which  is  frequently  beyond  the 
capacity  of  the  presiding  judge  or  of  the  jury. 

§  97.  Appraisal  of  Public  Utilities. — In  the  appraisal  of  public 
utilities,  the  same  difficulties  are  encountered  as  in  other  procedures  for 
the  determination  of  technical  matters  by  expert  testimony.  Before 
the  appointment  of  state  public  utility  commissions,  it  was  the  general 
practice,  usually  as  specifically  provided  in  the  franchises,  to  appoint  a 
board  of  three  or  five  appraisers  for  the  purpose  of  determining  the 
values  of  the  properties.  In  some  cases  the  acceptance  of  the  findings 
was  optional  and  in  other  cases  obligatory.  In  the  majority  of  such 
cases  engineers  were  appointed  for  this  purpose.  Each  party  to  the 
proceeding  appointed  one  or  two,  and  those  so  appointed  elected  a  third 
or  fifth  person  as  chairman.  In  these  cases  almost  without  exception 
the  experts  appointed  by  each  party  exhibited  more  or  less  of  the  bias 
due  to  such  appointment  (see  Sec.  12)  and  with  few  exceptions  acted 
as  advocates  for  the  client  to  whom  their  appointment  was  due.  The 
third  or  fifth  member  being  independent  of  either  party  in  his  appoint- 
ment, fulfilled  the  function  of  judge  or  umpire  and  adjudicated  the  dif- 
ferences of  opinion  and  ultimately  the  findings  of  the  board.  In  the 
majority  of  cases  the  members  of  such  boards  undoubtedly  endeavored 
to  overcome  their  bias  and  to  render  substantial  justice,  but  the  effect  of 
their  appointment  was  almost  universally  apparent. 

In  the  few  cases  where  such  commissions  were  entirely  free  from 
this  ex  parte  character,  the  differences  were  immediately  apparent  and 
the  results  were  far  more  satisfactory. 

There  is  no  doubt  that  the  appointment  of  State  Public  Utility 
Commissions  for  the  fixing  of  values  and  rates  is  in  principle  a  move  in 
the  right  direction.  The  main  difficulty  has  been  that  in  many  cases 
such  appointments  have  been  more  or  less  political  and  such  boards 


142  Legal  Relations 

have  usually  been  constituted  of  judges,  lawyers,  economists  and  statis- 
ticians of  greater  or  less  ability  but  with  no  particular  aptitude  for  the 
work  in  question.  Some  commissioners,  while  nominally  unbiased,  have 
in  fact  felt  that  they  held  a  brief  for  the  people  and  were  appointed  to 
see  that  the  rights  of  the  people  were  safeguarded  and  preserved.  This 
bias  has  often  resulted  in  findings  which  were  unjust  and  inequitable. 
Where  however  they  have  continued  long  in  office,  they  have  usually 
gained  a  good  insight  into  their  real  duties  and  the  justice  and  equity  of 
their  findings  have  greatly  improved.  It  has  been  unfortunate  that  such 
boards  have  not  been  uniformly  constituted  with  at  least  one  technical 
member  who  possessed  real  practical  experience  in  the  construction 
and  administration  of  such  properties.  In  most  cases  these  commis- 
sions have  employed  a  corps  of  technical  advisers,  but  in  general  from 
lack  of  funds  or  of  an  appreciation  of  the  requirements  of  the  cases,  they 
have  secured  young  professional  men  of  little  experience  or  special 
technical  knowledge,  with  results  which  would  naturally  be  expected 
from  estimates  and  findings  based  simply  on  theory. 

Even  where  technical  aid  has  been  employed,  it  has  not  been  uti- 
lized in  such  a  manner  as  to  secure  the  best  results.  Usually  estimates 
have  been  prepared  by  the  corps  of  the  board  and  submitted  to  both 
parties  prior  to  the  hearing. 

At  the  hearing  ex  parte  expert  evidence  has  been  heard  by  means 
of  which  attempts  have  been  made  either  to  reduce  or  increase  certain 
items  of  the  estimates  which  it  was  considered  desirable  to  contest. 
Those  items  which  were  satisfactory  because  actually  too  high  or  too 
low  were  not  contested.  The  corps  of  the  board  having  once  filed  their 
values  are  only  more  firmly  convinced  by  the  attack  of  both  parties  of 
the  justice  of  their  findings,  and  are  driven  to  correction  only  when 
their  position  is  shown  to  be  untenable. 

Every  consideration  of  the  nature  of  expert  evidence  and  of  hu- 
man nature  would  logically  require  that  all  evidence  by  the  expert  wit- 
ness of  the  two  parties  to  the  case  first  be  presented  after  which  the 
evidence  should  be  considered,  investigation  made,  and  a  finding 
reached  by  the  experts  of  the  commission.  This  arrangement  would 
undoubtedly  result  in  more  just  and  equitable  findings  than  under  the 
conditions  now  widely  extant. 

§  98.  Professional  Duty. — The  true  aim  of  the  profession  of  en- 
gineering is  the  establishment  of  truth.  If  the  engineer,  by  his  special 
knowledge,  can  assist  in  the  establishment  of  justice  he  has  a  duty  to 
perform  that  cannot  be  laid  lightly  aside. 

"If  he  is  true  to  his  profession,  he  will  always  give  the  results  of 
his  study,  whether  it  bears  for  or  against  the  side  upon  which  he  hap- 


Literature  143 

pens  to  be  called.  If  he  is  not  prepared  to  do  that,  or  if  the  circum- 
stances of  the  case  prevent  it,  then  he  is  in  duty  bound  to  decline,  or  re- 
fuse to  render  his  services.  This  he  may  not  always  do;  but  if  com- 
pelled to  attend  against  his  wishes,  he  cannot  be  said  to  be  under  any 
obligations  to  either  party  to  the  suit,  and  may  exercise  his  honest  judg- 
ment, without  prejudice  or  criticism."17 

In  accepting  service  as  an  expert  witness,  the  engineer  owes  it  to 
himself,  to  the  public  and  to  his  profession  to  restrain  his  personal  bias, 
retain  his  high  ideals,  and  to  lend  his  services  only  to  the  support  of 
truth  and  justice. 

"The  Golden  Rule  applies  in  expert  testimony  as  every  where  else. 
Translated  for  this  occasion  this  might  say  'Do  not  make  statements  in 
giving  testimony  which  you  would  not  be  willing  to  support  before  any 
gathering  of  engineers/  "18 

LITERATURE 

Engineering  and  Architectural  Jurisprudence.  John  Cassan  Wait,  John 
Wiley  &  Sons,  New  York. 

The  Law  of  Evidence  in  Civil  Cases.  Burr  W.  Jones,  Bancroft  Whitney 
Co.,  San  Francisco. 

Engineering  and  the  Law.  Discussion  of  origin  and  growth  of  the  pro- 
fession and  of  law.  Frank  P.  Medina,  Jour.  Assoc.  Eng.  Soc.,  1905. 

Engineers  and  Architects,  Their  Power  and  Duties  Considered  from  a 
Legal  Standpoint.  A  discussion  of  Engineering  Law.  J.  C.  Bradford,  Trans. 
Eng.  Assoc.  of  South,  Vol.  8,  p.  10,  1897. 

Legal  Engineering,  Advantages  of  Lawyer  Having  Training  in  Engineer- 
ing. Editorial,  Eng.  Rec.  Vol.  66,  p.  650. 

Legal  Liability  of  Architects  and  Designers.  Robert  N.  Miller,  Rose 
Technic,  Vol.  25,  p.  117. 

Expert  Evidence.  A  discussion  before  American  Institute  of  Consulting 
Engineers  by  Various  Engineers.  Pamphlet,  Office  of  Secy.,  101  Park  Ave., 
New  York.  See  also  Eng.  Rec.  Vol.  66,  p.  542. 

The  Engineers  Responsibility  as  an  Expert.     Editorial.     Eng.  Rec.  Vol. 

57,  p.  737. 

Engineering  Services  and  Court  Cases.  Editorial.  Eng.  Rec.  Vol  60 
p.  141. 

The  Expert  Witness.     Editorial.     Eng.  Rec.  Vol.  62,  p.  533. 
On  the  Best  Manner  of  Making  Use  of  the  Services  of  Experts  in  the  Con- 
duct of  Judicial  Inquiries.     Clemens  Herschel.     Eng.  Rec.  Apr.  9,  16-23,  1887. 


17  Engineering  and  Architectural  Jurisprudence,  Wait,  Sec.  874,  pp.  797-98. 
"Frank  H.   Watermann  in  discussion  on  Expert  Evidence  before   th« 
American  Institute  of  Consulting  Engineers,  Oct.  25,  1912. 


144  Legal  Relations 

The  Scientific  Expert  in  Forensic  Procedure.  Prof.  Chas.  F.  Himes,  Jour. 
Frank.  Inst.  June  1893. 

The  Engineer  as  a  Witness  before  the  Courts.  Jesse  M.  Smith.  Sibley 
Jour,  of  Eng.  Vol.  20,  p.  265. 

The  Surveyor  in  the  Presence  of  the  Court.  Prof.  J.  C.  Knowlton.  Mich. 
Eng.  Soc.  Jan.  1901. 


CHAPTER  IX 
ELEMENTS  OF  CONTRACTS 

§  99.  Explanation  and  Definition  of  Contracts. 

Contracts  are  the  outgrowth  of  the  daily  association  of  individuals 
in  a  business  capacity.  If  A  agrees  to  do  some  lawful  act  for  B  in  ex- 
change for  a  valuable  return  from  B,  whether  services  or  other  thing 
of  value,  both  parties  being  competent  to  contract,  A  is  under  a  legal 
obligation  to  B.  This  agreement  between  A  and  B  is  a  contract. 

It  should  be  understood  from  the  beginning  that  contracts  are  not, 
as  might  at  first  appear,  formal  legal  documents  in  writing  filled  with 
legal  phraseology  and  entered  into  with  a  great  deal  of  solemnity,  for 
there  are  thousands  of  contracts  executed  every  day  where  there  is  not 
a  line  of  writing,  a  scrap  of  paper  or  anything  but  the  spoken  word  or 
implication  of  action  to  evidence  the  contract.  A  calls  his  grocer  B 
by  phone  and  orders  a  dozen  eggs.  B  delivers  them  to  A's  house;  A 
has  then  entered  into  a  contract  with  his  grocer,  B.  B  has  delivered  the 
eggs  to  A  and  A  by  imputation  of  law  is  bound  to  pay  B  a  reasonable 
price  for  such  eggs. 

Practically  every  business  deal  is  a  contract  and  whenever  money 
or  other  things  of  value  are  exchanged  for  some  article  of  everyday 
need,  such  as  a  pencil,  a  bar  of  soap  or  anything  of  the  kind,  a  contract 
is  entered  into  and  executed  by  the  person  purchasing  and  with  the 
person  from  whom  such  articles  are  purchased.  Contracts  therefore 
are  not  the  result  of  solemn  and  complicated  legal  documents  but  are 
common  every  day  affairs. 

DEFINITION    OF    CONTRACTS 

"A  contract  is  an  agreement  enforceable  at  law  between  two  or  more 
persons,  by  which  rights  are  acquired  by  one  or  more  to  acts  or  for- 
bearances on  the  part  of  the  other  or  others."1 

Blackstone  has  defined  a  contract  as  "every  agreement  between  two 
or  more  parties  for  the  doing  or  not  doing  of  some  particular  thing." 

§  100.  Classification  of  Contracts. 

i.  Contracts  may  be  executory,  that  is  where  an  obligation  is  as- 
sumed by  one  or  both  parties  to  do  or  to  forbear  from  doing  some  acts ; 

i  Clark  on  Contracts,  3d  Edition,  page  2. 


146  Elements  of  Contracts 

or  they  may  be  executed,  that  is  where  everything  is  done  at  the  time 
of  the  agreement  and  no  obligation  is  assumed. 

Example  of  Executory  Contract. — A  agrees  to  deliver  one  ton  of  coal  to  B 
upon  the  promise  to  pay  A  $8.00  therefor. 

Example  of  Executed  Contract. — A  delivers  a  ton  of  coal  to  B  and  B  pays 
him  $8.00  therefor.  It  will  be  seen  from  the  above  example  that  an  executory 
contract  when  fully  performed  becomes  an  executed  contract. 

2.  Contracts  are  also  classified  as  bilateral  and  unilateral.     Willis, 
on  contracts,  defines  such  contracts  as  follows : 

"A  bilateral  contract  is  an  executory  contract  consisting  of  an  ex- 
press promise  of  one  legal  right,  and  the  counter  promise  of  another 
legal  right  given  in  exchange  therefor." 

"A  unilateral  contract  is  a  half  executed,  half  executory  contract,  con- 
sisting of  an  express  or  inferred  promise  of  one  legal  right  for  another 
legal  right." 

Example  of  Unilateral  Contract. — A  advertises  that  he  will  pay  a  given 
price  per  pound  for  all  old  magazines  and  paper  delivered  to  him  at  a  given 
place.  B,  acting  on  the  advertisement,  delivers  to  A  at  the  place  stated  one 
thousand  pounds  of  old  magazines  and  newspapers  and  becomes  entitled  to 
payment  therefor  at  the  advertised  price. 

Example  of  a  Bilateral  Contract. — A  knowing  that  B  has  one  thousand 
pounds  of  old  magazines  and  newspapers  writes  to  B  and  offers  him  four 
cents  a  pound  for  these  old  magazines  and  newspapers,  and  B  writes  a  letter 
in  reply  accepting  the  offer  of  four  cents  a  pound  for  one  thousand  pounds  of 
newspapers  f.  o.  b.  Madison.  A  wires  stating  that  the  terms  are  accepted 
f.  o.  b  Madison.  This  constitutes  a  bilateral  contract. 

3.  Contracts  are  further  divided  into  express,  implied  and  quasi  con- 
tracts. 

An  express  contract  is  a  bilateral  contract  all  of  whose  terms  are  as- 
sented to  either  in  speech  or  writing. 

An  implied  contract,  or  an  inferred  contract  as  they  are  sometimes 
called,  is  a  unilateral  contract  where  either  the  act  of  acceptance  or  both 
the  act  of  acceptance  and  the  promise  are  inferred  as  a  matter  of  fact 
from  conduct. 

A  quasi  contract  is  not  a  contract  but  a  legal  obligation  like  a  con- 
tract, created  by  implication  of  law.  Quasi  contracts  are  implied  by 
law  on  the  theory  that  it  would  be  unjust  to  allow  one  to  accept  the 
benefit  of  labor  or  anything  of  value  which  belonged  to  another  without 
refunding  it  or  paying  him  for  his  services.  If  one  acting  under  the 
mistaken  impression  that  a  debt  is  his  own  pays  it,  and  it  afterwards 
develops  that  it  was  the  debt  of  another,  the  law  implies  a  promise  on 
the  part  of  the  other  to  repay  the  money  so  paid  out. 


Classification  of  Contracts  147 

Example  of  Implied  Contract.—  A  offers  a  reward  for  information  leading 
to  the  arrest  and  conviction  of  the  person  who  set  fire  to  his  barn,  and  B 
makes  an  investigation  and  furnishes  the  information  to  A,  which  leads  to 
the  arrest  and  conviction  of  C  for  the  crime.  The  acceptance  of  the  terms  of 
the  offer  are  implied  by  the  conduct  of  B  and  he  becomes  entitled  to  the  reward 
offered. 

Example  of  Quasi  Contract. — A,  an  engineer  acting  under  the  mistaken  im- 
pression that  B  called  him  by  phone  and  requested  that  he  design  a  drainage 
system  for  his  farm,  when  in  fact  it  was  C  that  called  him,  goes  to  the  farm 
of  B  without  the  "knowledge  of  B  and  makes  a  survey  and  designs  a  system, 
plans  of  which  he  mails  to  B.  C,  who  contemplated  the  drainage  of  his  farm, 
used  the  system  designed  by  A.  There  has  been  no  actual  contract  between 
A  and  C,  but  A,  expecting  to  be  paid  has  done  work  of  value  for  C,  but  with- 
out C's  knowledge,  but  later  C  accepts  the  benefits  of  A's  work  and  the  law 
creates  the  contract  and  A  may  recover  the  value  of  his  work  from  C  just  the 
same  as  though  there  had  been  an  express  contract  for  the  work. 

4.  Contracts  are  further  classified  as  joint,  several,  and  joint  and 
several. 

"A  joint  contract  is  one  in  which  tha  promisors  are  jointly  bound,  or 
the  promisees  are  jointly  entitled  to  the  performance  of  a  legal  obliga- 
tion."2 

"A  several  contract  in  one  in  which  either  each  promisor  is  individ- 
ually liable,  or  each  promisee  is  individually  entitled,  to  the  perform- 
ance of  a  legal  obligation."2 

"A  joint  and  several  contract  is  one  in  which  the  promisees  may  elect 
to  hold  the  promisors  either  jointly  or  severally,  bound  to  perform  a 
legal  obligation."2 

In  determining  whether  a  contract  is  joint  or  several,  the  courts  will 
determine  the  intention  of  the  parties,  and  wherever  possible,  will  con- 
strue it  as  joint  or  several  as  to  the  promisees,  according  as  their  inter- 
ests are  joint  or  several.  If  the  promise  is  by  two  or  more,  and  is  in* 
the  plural  number,  it  will  be  deemed  to  be  joint,  and  if  in  the  singular 
it  will  be  deemed  to  be  several,  unless  the  entire  agreement  shows  a 
different  intention. 

A  subscription  agreement,  even  though  joint  in  form,  will  be  con- 
strued as  a  several  contract. 

Example  of  Joint  Contract. — A  and  B  sign  the  following  note:  "Six  months 
after  date  we  promise  to  pay  X  and  Y,  for  value  received,  five  hundred  dollars, 
with  interest  at  6%  per  annum."  A  and  B  are  jointly  liable  for  the  payment 
of  the  money  and  X  and  Y  are  jointly  entitled  to  have  the  money  paid  to  them. 

Example  o./  Several  Contract. — A  and  B  sign  the  following  note:  "Six  months 
after  date,  for  value  received,  I  promise  to  pay  X  and  Y,  to  be  divided 
equally  between  them,  five  hundred  dollars  with  interest  at  six  per  cent  per 


-  Willis  on  Contracts,  Sec.  177. 


148  Elements  of  Contracts 

annum."  A  and  B  are  each  individually  liable  to  X  and  to  Y,  and  both  X 
and  Y  are  individually  entitled  to  performance,  each  being  entitled  to  the 
payment  of  $250  and  interest  on  that  amount. 

Example  of  Joint  and  Several  ContraQt. — A  and  B  sign  the  following  note: 
"Six  months  after  date  for  value  received,  we,  and  each  of  us,  promise  to  pay 
to  X  five  hundred  dollars  with  interest  thereon  at  the  rate  of  six  per  cent, 
per  annum."  X  is  entitled  to  enforce  this  note  against  A  and  B  jointly  or  to 
collect  from  either  of  them  individually  the  full  amount  of  the  note  with  in- 
terest. 

5.  Contracts  are  still  further  classified  as  valid,  voidable,  void  and 
unenforceable. 

A  voidable  contract  is  one  where  one  party  to  the  agreement  is  not 
bound  by  it  and  may,  at  his  option,  avoid  the  contract. 

A  void  contract  is  one  which  creates  no  legal  obligation. 

An  unenforceable  contract  is  one  which  is  incapable  of  performance 
but  is  otherwise  valid.  It  is  sometimes  called  a  contract  of  imperfect 
obligation. 

All  contracts  which  do  not  come  within  the  terms  of  the  above  defini- 
tions are  valid  contracts  and  are  binding  on  both  parties  to  the  contract 
and  may  be  enforced  by  law. 

Example. — A  and  B  enter  into  a  contract  whereby  A  agrees  to  perform 
certain  services  for  B  for  $10.  If  both  parties  are  legally  capable  of  contract- 
ing they  have  entered  into  a  valid  contract. 

If  B  is  a  minor,  the  above  contract  is  a  voidable  contract  as  B,  at  his  option, 
may  refuse  to  carry  out  his  part  of  the  contract. 

If  they  contract  to  do  some  unlawful  act,  such  as  running  a  gambling 
game,  the  contract  is  void  and  creates  no  legal  obligations  whatever. 

Valid  contracts,  on  which  the  statutes  of  limitations  have  run,  cannot 
be  enforced  by  suit  and  are  therefore  unenforceable  contracts. 

6.  Another  classification  that  should  be  noted  is  that  of  parol  con- 
tracts, which  may  be  oral  or  written,  and  specialties,  which  must  always 
be  written. 

An  oral  contract  is  an  express  contract  without  other  evidence  than 
the  spoken  word. 

A  written  contract  is  an  express  contract  evidenced  by  writing. 

A  specialty  is  an  express  written  contract  under  seal,  that  is  a  writ- 
ten contract  to  which  the  parties  attached  their  seals,  or  to  which  they 
write  after  their  signature  the  word  (seal).  It  differs  in  no  other  way 
from  an  express  executory  contract.  The  seal  being  attached  to  the 
contract,  raises  the  presumption  that  the  agreement  was  executed  with 
so  much  solemnity  and  deliberation,  that  it  was  founded  on  a  sufficient 
consideration  and  therefore  renders  proof  of  consideration  unnecessary. 
Under  the  common  law  certain  classes  of  contracts  were  required  to 


Essentials  of  Contracts  149 

be  executed  under  seal.  In  many  states  in  the  United  States  the  com- 
mon law  has  been  adopted  or  slightly  modified  by  statutes  and  requires 
that  certain  classes  of  contracts  shall  be  executed  under  seal.  For  ex- 
ample, deeds,  mortgages  and  bonds  shall  be  under  seal. 

Parol  contracts  are  contracts  not  under  seal,  whether  written  or  oral. 

§  101.  Essentials  of  a  Modern  Contract. 

Not  every  agreement  between  two  or  more  parties  is  a  contract,  and 
in  order  to  constitute  a  binding  contract  it  is  necessary  that  the  agree- 
ment conform  to  certain  legal  requirements  which  are  based  on  the  com- 
mon law  and  a  vast  number  of  decisions  in  England  and  the  states  of  the 
United  States.  The  essential  elements  of  a  contract  are  briefly  as 
follows : 

(1)  There  must  be  two  or  more  contracting  parties  who  are  com- 
petent to  enter  into  a  contract. 

(2)  There  must  be  a  mutual  consent  of  the  parties  contracting,  to 
the  terms  of  the  agreement.     That  is,  there  must  be  a  meeting  of  minds 
of  the  parties  to  the  contract. 

(3)  There  must  be  valuable  consideration  for  the  contract.     That  is, 
something  of  value  must  be  given  in  exchange  for  its  legal  equivalent. 

(4)  The  subject  matter  of  the  contract  must  be  lawful. 

(5)  Whenever  it  is  required  by  the  statutes  of  frauds,  there  must  be 
a  writing. 

§  1 02.  Competency  of  Contracting  Parties. 

Every  contract  must  have  two  or  more  parties  who  are  legally  com- 
petent to  enter  into  the  contractual  relations,  for  a  man  cannot  enter 
into  a  contract  with  himself  which  will  be  enforceable  at  law.  The 
following  persons  are,  under  certain  circumstances,  incapable  of  enter- 
ing into  a  valid  contract : 

(1)  Minors. 

(2)  Persons  of  unsound  mind. 

(3)  Drunken  persons. 

(4)  Persons  under  legal  guardianship. 

(5)  Corporations,  under  certain  circumstances. 

(i)  Minors.  By  the  word  "minor"  is  meant  any  person  under  the 
age  of  twenty-one  years.  Minors  are  sometimes  referred  to  as  infants. 
Minors  are  capable  of  contracting  for  necessaries.  What  are  neces- 
saries for  a  minor  is  dependent  to  some  extent  on  his  position  in  life. 
The  term  necessary  includes  anything  -which  is  reasonably  needed  for 
his  subsistence,  health,  comfort  and  education,  taking  into  consideration 
his  age  and  condition  in  life. 


150  Elements  of  Contracts 

The  following  rules  will  be  helpful : 

(a)  The  thing  furnished  must  concern  the  person  of  the  minor  and 
not  his  estate.     For  example,  he  would  not  be  bound  by  contracts  to 
construct  a  building  on  land  which  he  owns,  nor  for  a  subscription  to 
stock  in  a  railroad  corporation,  etc. 

(b)  He  is  not  liable  for  money  which  he  borrows  to  spend  for  neces- 
saries unless  the  person  loaning  the  money  sees  that  it  is  so  expended, 
because  money  is  not  considered  as  a  necessary  and  one  loaning  the 
money  must  see  that  it  is  actually  spent  for  necessaries. 

(c)  He  is  liable  for  necessaries  furnished  his  wife,  and  in  some  ju- 
risdictions for  his  children. 

(d)  Persons  supplying  a  minor  act  at  their  peril  and  cannot  recover 
if  the  actual  circumstances  were  such  that  the  things  furnished  were 
not  necessary. 

A  contract  entered  into  by  a  minor  with  any  other  party  capable  of 
entering  into  a  contract  is  not  a  void  contract,  but  is  voidable  at  the 
option  of  the  minor.  The  contract  is  binding  on  the  adult  person  but 
may  be  avoided  by  the  minor  either  during  his  minority  or  before  he 
has  ratified  it  after  attaining  majority. 

Such  a  contract  may  be  confirmed  by  the  minor  after  attaining  his 
majority  by  his  express  ratification,  by  acts  of  his  which  merely  show  his 
intention  to  confirm  the  contract,  or  by  his  omission  to  disaffirm  the 
contract  within  a  reasonable  time,  if  such  omission  is  prejudicial  to  the 
interest  of  the  other  party  or  within  the  statutory  period  of  limitation. 

Example. — A,  a  minor,  entered  into  a  contract  with  B  by  which  A  agreed 
to  purchase  a  horse  of  B,  and  to  make  monthly  payments  of  five  dollars  ($5) 
each,  and  to  take  possession  of  the  horse  when  he  had  made  payment  of  one- 
half  the  amount.  If  he  continued  to  make  payments  after  he  became  of  age, 
this  would  be  a  confirmation  of  the  contract  by  his  act  which  would  clearly 
show  his  intention  to  carry  out  the  terms  of  the  contract,  and  his  election  to 
be  bound  by  its  terms.  Or,  if  having  gotten  possession  of  the  horse  before  he 
attained  his  majority,  he  continues  to  keep  the  horse  in  his  possession  and 
does  not  make  payment  of  the  unpaid  balance  of  the  purchase  price,  but  does 
not,  either  by  express  words  or  by  his  acts,  show  his  desire  to  continue  under 
the  terms  of  the  contract,  his  omission  to  disaffirm  the  contract  being  pre- 
judicial to  the  interests  of  the  other  party,  the  law  presumes  a  ratification  of 
the  contract  on  the  part  of  the  minor. 

If  a  minor  avoids  a  contract  on  which  he  has  received  money  or  prop- 
erty, he  must  restore  it  if  it  is  in  his  power  to  do  so. 

Where  a  minor  has  performed  services  in  partial  or  entire  execution 
of  an  express  contract,  and  he  avoids  the  contract,  he  may  recover  the 
value  of  the  services  rendered  in  an  inferred  contract. 


Competency  151 

(2)  Persons  of  Unsound  Mind. — A  contract  entered  into  by  an  in- 
sane person  or  a  person  of  unsound  mind  is  not  a  void  contract  but  is 
voidable  at  the  option  of  the  insane  person,  or  the  person  of  unsound 
mind,  or  at  the  option  of  his  legally  appointed  guardian,  with  the  fol- 
lowing exceptions :   (a)   Contracts  created  by  law  are  valid  and  bind- 
ing, and  (b)  contracts  where  the  sane  person  acted  fairly  and  in  good 
faith  and  without  any  knowledge,  actual  or  constructive,  of  the  other's 
insanity  if  the  contract  has  been  carried  out  to  such  an  extent  that  he 
can  not  be  placed  in  status  quo. 

In  most  jurisdictions,  contracts  made  by  a  person  who  has  been  le- 
gally declared  insane  and  placed  under  guardianship  are  void.  Powers 
of  attorney,  appointment  of  agents  and,  in  some  jurisdictions,  deeds 
when  made  by  an  insane  person  are  void. 

As  a  general  rule,  contracts  entered  into  by  an  insane  person  for 
necessaries  are  held  to  be  valid.  Contracts  made  with  an  insane  per- 
son during  an  interval  when  he  is  sane  are  held  to  be  binding. 

Contracts  made  by  an  insane  person  are  simply  voidable  and  may  be 
ratified  by  such  insane  person  when  he  becomes  sane  or  may  be  ratified 
by  his  guardian  during  his  insanity  or  by  his  heirs  after  his  death. 

(3)  Drunken  Persons. — Contracts  made  by  a  drunken  person  when 
in  such  a  state  of  intoxication  as  to  be  entirely  unable  to  understand  its 
nature  and  effect  are  voidable  in  his  favor  except  that  he  is  liable  on 
contracts  created  or  implied  by  law.     If  he  is  in  a  mild  state  of  intoxi- 
cation and  is  capable  of  understanding,  the  same  contract  is  valid  unless 
the  circumstances  surrounding  the  execution  of  the  contract  are  such 
as  to  raise  the  inference  that  it  was  obtained  by  fraud.     The  rules  rela- 
tive to  the  ratification  of  a  contract  entered  into  by  drunken  persons 
are  the  same  as  those  applying  to  a  person  of  unsound  mind. 

(4)  Persons  Under  Legal  Guardianship. — Persons  under  legal  guard- 
ianship by  reason  of  feeble  mindedness,  their  being  habitually  drunkards 
or  spendthrifts,  or  by  reason  of  idleness  or  debauchery,  are  limited  in 
their  ability  to  enter  into  contracts  in  a  manner  similar  to  minors,  per- 
sons of  unsound  mind,  and  drunken  persons. 

(5)  Corporations. — A  corporation  is  an  artificial  person  created  by 
law,  and  is  limited  in  its  ability  to  enter  into  contracts  by  its  articles  of 
incorporation  and  by-laws,  and  general  statutes  limiting  the  powers  of 
corporations.     A  contract  with  a  corporation  must  be  a  contract  which 
it  is  authorized  to  make  and  which  is  within  the  scope  of  its  corporate 
powers  as  set  forth  in  its  articles  of  incorporation.     It  must  be  entered 
into  for  the  corporation  by  its  properly  authorized  officials,  and  must 
have  been  authorized  by  its  legally  governing  body,  usually  a  Board  of 


152  Elements  of  Contracts 

Trustees  or  Board  of  Directors.  A  corporation  may  delegate  the  au- 
thority to  enter  into  contracts  on  its  behalf  to  one  or  more  individuals, 
usually  its  president  or  manager. 

A  corporation  may  contract  for  things  within  the  scope  of  its  powers, 
and  things  which  have  been  authorized  by  the  legally  governing  body  in 
the  same  manner  and  under  the  same  circumstances  as  a  natural  person ; 
and  if  the  contract  is  within  the  powers  of  the  corporation,  when  it  is 
necessary  or  reasonably  incidental  to  the  purposes  for  which  the  cor- 
poration was  created,  and  is  not  expressly  prohibited,  it  is  binding  on 
the  corporation. 

§  103.  Mutual  Consent. 

It  is  essential  to  the  validity  of  a  contract  that  the  parties  thereto 
agree,  and  they  must  agree  to  the  same  thing.  There  must  be  an  act- 
ual agreement  and  not  simply  an  apparent  agreement.  Both  parties  to 
the  contract  must  agree  to  the  same  thing,  and  where  there  is  a  mistake 
as  to  the  nature  of  the  transactions,  in  the  absence  of  negligence  on  the 
part  of  the  parties  to  the  contract  or  to  the  persons  with  whom  the  con- 
tract is  made,  or  as  to  the  existence  or  identity  of  the  subject  matter  of 
the  contract,  the  parties  have  not  agreed  to  the  same  thing  and  the  con- 
tract is  not  binding  and  can  be  avoided  on  this  ground.  It  cannot  be 
avoided  on  the  ground  that  a  person  was  mistaken  as  to  the  law  of  the 
state  for  the  laws  of  the  state  are  accessible  to  every  one  and  they  can 
ascertain  what  they  are. 

(1)  Offer  and  Acceptance  Identical. — In  order  to  create  contractual 
relations  there  must  be  an  offer  on  the  part  of  one  of  the  parties  to  the 
contract  and  an  acceptance  by  the  other  party  thereto.     This  offer  must 
be  accepted  without  qualification  and  without  change  or  there  is  no 
contract. 

Example. — If  A  offered  to  enter  into  a  contract  with  B,  whereby  A  was  to 
pay  B  $500  to  design  a  drainage  system  for  A's  farm,  the  said  designs  to  be 
completed  by  March  1,  and  B  accepted  this  offer  with  the  provision  that  he 
would  design  such  drainage  system  for  $600,  the  same  to  be  completed  by 
April  1,  there  would  be  no  contract  as  the  terms  of  A's  offer  were  not  accepted 
as  they  were  given  but  were  modified  by  B. 

(2)  Time  of  Acceptance. — The  offer  must  be  accepted  within  a  rea- 
sonable time  and  where  a  time  limit  is  fixed  in  such  offer,  it  must  be 
accepted  before  such  time  limit  expires. 

Example. — A  wires  offering  B  1000  bushels  of  winter  wheat  at  $1.15  a 
bushel  f.  o.  b.  Minneapolis.  B  waits  a  week  and  the  price  of  winter  wheat 
has  gone  to  $1.50  per  bushel,  and  wires  an  acceptance  of  the  offer.  The  courts 
would  hold  that  with  a  commodity  such  as  wheat  which  was  subject  to  sud- 


Mutual  Consent  153 

den  changes  in  market  price,  a  week  would  be  an  unreasonable  time  and  an 
acceptance  at  the  end  of  that  time  would  not  constitute  a  contract. 

(3)  Mode  of  Acceptance. — If  a  mode  of  acceptance  is  specified  in 
the  offer  the  acceptance  must  correspond  to  such  mode.     If  an  offer  of 
a  contract  is  made  and  specifies  that  the  acceptance  must  be  by  wire  an 
acceptance  in  person  or  by  letter  does  not  constitute  a  contract,  and  if 
the  offer  specifies  a  place  of  acceptance,  acceptance  at  any  other  place 
is  not  sufficient. 

An  offer  and  acceptance  may  be  made  by  letter  or  by  telegram  as  well 
as  through  any  other  agency,  provided  another  method  of  acceptance  is 
not  specified  in  the  offer.  In  other  words,  it  is  not  necessary  that  the 
contract  be  reduced  to  a  formal  contract  in  legal  form  in  order  to  have 
it  valid  and  binding,  but  a  series  of  letters  and  telegrams  may  form  just 
as  binding  a  contract  as  a  written  document  drawn  by  a  lawyer. 

Example. — A  writes  a  letter  to  B  on  January  18,  offering  him  10,000  bushels 
of  wheat  at  $1.15  per  bushel  f.  o.  b.  Minneapolis.  B  wires  back  to  A  on  the 
19th  of  January  stating:  "Your  offer  in  letter  of  January  18  accepted.  Letter 
follows."  He  then  writes  A  the  same  day  accepting  his  offer  of  10,000  bushels 
of  wheat  at  the  specified  price.  These  letters  and  telegrams  constitute  a 
valid  and  binding  contract  enforceable  at  law. 

(4)  Revokation. — An  offer  is  revoked  by  the  death  or  insanity  of  the 
person  making  the  offer,  but  if  the  offer  is  accepted  prior  to  the  death 
or  insanity  of  the  person  making  the  same,  this  constitutes  a  contract 
which  is  binding  on  the  executors,  administrators,  guardian  or  heirs  of 
such  person,  provided  the  contract  was  not  for  personal  services. 

(5)  Misrepresentation. — If  one  party  to  a  contract  makes  a  state- 
ment which  is  in  fact  untrue  but  which  he  believes  to  be  true,  and  this 
fact  is  a  material  fact  or  element  in  the  contract,  and  the  other  believing 
the  statement  to  be  true  and  relying  on  the  truth  of  it,  enters  into  the  con- 
tract, it  may  be  avoided  on  the  ground  of  misrepresentation.     This  is 
also  true  of  a  willful  withholding  or  of  nondisclosure  of  a  material  fact 
by  one  under  special  obligations  to  make  the  disclosure  by  reason  of  the 
fiduciary  nature  of  the  contract  or  the  confidential  relations  of  the 
parties. 

(6)  Fraud. — "Fraud  is  a  false  representation  of  a  material  fact  or 
nondisclosure  of  a  material   fact  under  such   circumstances  that  it 
amounts  to  a  false  representation,  made  with  the  knowledge  of  its  fal- 
sity or  in  reckless  disregard  of  whether  it  is  true  or  false,  or  as  of  per- 
sonal knowledge,  with  the  intention  that  it  shall  be  acted  upon  by  the 
other  party  and  which  is  acted  upon  by  him  to  his  injury."3 


Clark  on  Contracts,  3d  Ed.,  page  272,  Sec.  139. 


154  Elements  of  Contracts 

The  essential  elements  of  fraud  therefore  are : 

(a)  A  false  representation  of  a  material  fact.     It  is  not  sufficient 
that  there  be  just  a  nondisclosure  of  a  material  fact  unless  the  relation 
between  the  parties  or  the  character  of  the  contract  makes  it  the  duty 
of  the  party  to  disclose  such  fact  or  unless  he  took  active  measures  to 
prevent  knowledge  of  the  facts  getting  to  the  other  party. 

(b)  The  representation  must  be  as  to  a  past  or  present  fact,  a  mere 
expression  of  opinion  or  expectation,  or  an  expression  of  intention, 
unless  such  intention  does  not  as  a  matter  of  fact  exist,  is  not  sufficient 
to  constitute  fraud,  nor  is  a  false  representation  as  to  the  law,  as  a  rule. 

(c)  It  must  be  of  a  material  fact,  and  a  misrepresentation  of  an  im- 
material fact  even  if  made  with  fraudulent  intent  does  not  constitute 
fraud. 

( d)  The  party  making  the  statement  must  know  it  to  be  false.     It  is 
.held  to  have  been  made  knowingly  if  it  is  said  with  reckless  disregard  as 

to  its  truth  or  falsity,  or  if  the  person  making  the  representations  had  the 
means  of  ascertaining  its  truth  or  falsity  and  made  the  statement  as  of 
his  own  knowledge  without  endeavoring  to  find  out,  and,  of  course,  if 
he  makes  a  statement  knowing  it  to  be  false. 

(e)  It  must  be  made  with  the  intention  that  it  will  be  acted  on  by  the 
other  party.     It  need  not  be  made  to  the  party  himself  but  it  must  be 
intended  to  reach  him  and  form  a  motive  for  his  actions. 

(/)  It  must  be  relied  upon  by  the  other  party  and  induce  him  to  act, 
for  no  matter  how  fraudulent  the  representations,  if  the  other  party  did 
not  believe  them  and  act  on  them  he  has  not  been  defrauded. 

(g)  The  other  must  have  suffered  damage  thereby. 

Contracts  obtained  through  fraud  are  not  void  but  voidable  at  the 
option  of  the  injured  party. 

(7)  Duress. — If  a  person  is  compelled  to  sign  a  contract  at  the  point 
of  a  gun  or  through  threats  of  violence  to  him  or  some  one  whom  he 
holds  dear,  he  cannot  be  said  to  have  consented  to  the  contract  but  has 
been  caused  to  enter  into  it  by  duress.  The  test  as  to  whether  or  not 
there  has  been  duress  is  whether  the  person  really  exercised  a  choice 
and  exercised  his  own  free  will. 

Duress  consists  of  the  unlawful  imprisonment  or  threat  of  imprison- 
ment of  the  other  party  or  his  wife,  child,  parent  or  other  person  for 
whom  he  has  a  deep  affection,  or  the  doing  or  threatening  to  do  great 
bodily  harm  to  such  person,  or  the  unlawful  seizure,  detention  or  de- 
struction of  the  property  of  such  person.  A  mere  threat  of  a  law  suit, 
where  the  matter  can  be  tried  out  by  the  courts,  is  not  sufficient  to  con- 
stitute duress. 


Valuable  Consideration  155 

Contracts  secured  by  duress  are  voidable  at  the  option  of  the  injured 
party. 

(8)  Undue  Influence. — Undue  influence  consists  in  taking  advantage 
of  a  special  trust  or  confidence  which  is  reposed  in  one  to  cause  or  in- 
duce the  person  so  trusting  or  having  confidence  in  him  to  enter  into  a 
contract  which  is  unfair  to  such  person,  in  taking  advantage  of  the 
weaknesses,  superstition,  or  necessities  and  distress  of  another.  A  con- 
tract induced  by  undue  influence  is  avoidable  at  the  option  of  the  party 
injured. 

§  104.  There  Must  be  a  Lawful  and  Sufficient  Valuable  Considera- 
tion. 

(1)  Definition:  "Consideration    ordinarily    implies    the    giving    of 
something  for  something, — quid  pro  quo.     Theoretically  and  in  princi- 
ple the  consideration  is  supposed  to  represent  a  value  equal  to  that  rep- 
resented by  the  promise  of  the  other  party.  *  *  *  The  law  requires 
that  the  consideration  shall  have  a  legal  value."4 

"A  consideration  is  something  esteemed  in  law  as  of  value,  in  ex- 
change for  which  the  promise  in  a  contract  is  made."5 

Considerations  are  of  two  kinds,  "good"  and  "valuable."  A  good 
consideration  is  one  based  on  love,  affection  or  blood  relationship, 
and  is  founded  on  generosity  or  natural  duty,  a  "good"  consideration 
has  been  held  not  sufficient  to  support  an  executory  contract. 

A  valuable  consideration  is  one  where  the  law  esteems  that  there  has 
been  an  equivalent  given  for  the  act  or  promise,  such  as  money,  labor, 
a  deed  to  land,  exchange  of  promises  to  do  something  of  value,  etc. 

It  frequently  happens  that  deeds  are  made  for  a  good  as  distinguished 
from  a  valuable  consideration,  and  such  deeds  may,  under  some  cir- 
cumstances be  set  aside  in  favor  of  creditors  or  others  having  rights 
against  the  person  making  the  deed. 

(2)  What  Constitutes  a  Valuable -Consideration. — A  promise  to  do 
what  one  is  already  bound  to  do,  or  a  promise  founded  on  a  thing  al- 
ready done,  a  past  consideration,  will  not  as  a  rule  be  a  valuable  con- 
sideration.    To  constitute  a  valuable  consideration  a  person  must  give 
or  promise  to  give  something  of  value,  or  he  must  give  up,  or  promise 
to  give  up  some  legal  right,  as  a  promise  not  to  sue  or  a  promise  to  ex- 
tend the  time  of  payment  of  a  note,  in  exchange  for  some  other  thing 
of  value;  for  if  A  promises  to  extend  the  time  of  payment  of  a  note 
without  anything  of  value  coming  to  him,  the  agreement  is  without  con- 
sideration on  the  part  of  the  other  party.     A  promise  of  something  or 

*  Brown,  Lectures  on  the  Law  of  Contracts,  pages  14  and  15. 
e  Bishop  in  Contracts,  2d  Ed.,  Sec.  38. 


156  Elements  of  Contracts 

an  act  of  value  in  exchange  for  a  promise  of  another  thing  or  act  of 
value  is  a  valuable  consideration.  A  compromise  of  a  matter  in  dispute 
is  a  valuable  consideration. 

(3)  Gift. — A  mere  promise  of  a  thing  of  value  is  void  as  it  is  not 
founded  on  a  valuable  consideration,  unless  there  is  something  of  value 
given  in  return  and  is  simply  a  promise  of  a  gift ;  but  if  the  promise  is 
carried  out  and  completed  by  the  delivery  of  the  thing,  this  amounts  to 
a  gift  which,  as  between  the  parties,  cannot  be  reclaimed. 

Every  contract  to  be  valid  must  be  founded  on  a  valuable  considera- 
tion, except  that  in  the  case  of  sealed  instruments  and  negotiable  in- 
struments in  the  hands  of  innocent  purchasers  for  value  the  question 
of  consideration  will  not  be  inquired  into. 

A  sealed  instrument,  as  before  stated,  from  its  form  imparts  a  con- 
sideration, and  a  negotiable  instrument  because  of  its  character,  will 
not  admit  of  an  inquiry  or  otherwise  it  would  be  of  little  value  as  a 
negotiable  instrument. 

(4)  Sufficiency  of  Consideration. — When  a  contract  is  founded  on  a 
valuable  consideration,  the  courts  will  not  inquire  into  the  sufficiency 
of  the  consideration.     That  is,  it  is  not  necessary  to  the  validity  of  the 
contract  that  the  exchange  which  constitutes  the  consideration  should  be 
things,  acts  or  promises  of  equal  value,  excepting  where  a  contract  is 
for  the  exchange  of  sums  of  money.     In  such  a  case  the  courts  will  re- 
quire that  the  exchanges  be  practically  equivalent. 

However,  it  should  be  remembered  that  a  decided  difference  in  the 
value  of  things  exchanged  may  be  strong  evidence  of  fraud,  and,  if  the 
question  of  fraud  is  raised,  may  be  the  controlling  or  deciding  element 
in  setting  aside  the  contract. 

§  105.  The  Subject  Matter  of  the  Contract  Must  be  Lawful. 

If  a  contract  is  to  be  enforceable  at  law,  the  thing  sought  to  be  ac- 
complished by  the  contract  must  be  lawful ;  the  courts  refuse  to  en- 
force a  contract  to  do  something  that  is  not  lawful  and  the  illegality 
may  consist  either  in  doing  something  that  is  expressly  forbidden  by 
law,  or  something  which  is  contrary  to  public  policy.  The  principal 
classes  of  contracts  opposed  to  law  or  to  public  policy  are  those : 

1 i )  For  the  sale  of  public  office,  public  contracts  or  for  the  bribing 
of  public  officials. 

Example. — A,  a  government  official  with  power  to  appoint  assistants,  con- 
tracts with  B  that  if  he,  B,  will  pay  $100  A  will  appoint  B  as  an  assistant. 

(2)  Which  tends  to  deprive  the  court  of  jurisdiction  or  to  compound 
a  crime. 

"An  agreement  to  refer  to  arbitration  incidental  and  subsidiary  mat- 


Legal  Contracts  157 

ter  in  dispute,  as  a  condition  precedent  to  a  right  of  action  accruing, 
is  valid,  but  if  it  goes  so  far  as  to  completely  oust  the  court  of  jurisdic- 
tion and  substitute  a  forum  of  the  parties  own  making,  it  is  void  because 
tending  to  endanger  the  tribunal  established  for  the  community  as  a 
whole."6 

Example  of  Compounding  Crime. — A,  being  guilty  of  a  theft,  contracts  with 
B,  the  principal  witness  for  the  state,  to  give  B  $1,000  to  leave  the  country 
until  after  A's  trial.  This  is  a  contract  to  compound  a  crime,  that  is  to  pre- 
vent the  carrying  out  of  justice. 

Example  of  Contract  Depriving  the  Court  of  Jurisdiction. — A  and  B,  who 
have  entered  into  a  contract  for  the  construction  of  a  building,  agree  that  any 
dispute  which  may  arise  between  A  and  B  during  the  course  of  the  work  shall 
be  referred  to  C,  a  disinterested  person,  for  his  decision  as  to  the  rights  in  the 
matter,  and  that  the  decision  of  C  shall  be  final,  and  that  neither  party  to  the 
contract  shall  have  a  right  to  an  action  to  determine  his  rights  thereto.  This 
agreement  is  plainly  illegal  because  it  tends  to  take  away  the  jurisdiction  of 
the  court. 

(3)  Contracts  which  tend  to  encourage  litigation. 

Example. — A,  knowing  that  B  has  a  good  case  against  C,  contracts  with  B 
that  if  B  will  bring  suit  against  C,  A  will  furnish  the  funds  to  prosecute  the 
suit  and  share  whatever  is  received  from  C  as  a  result  of  such  suit. 

(4)  Contracts  for  the  committing  of  a  crime  or  tort. 

(5)  Agreements  tending  to  promote  fraud  and  breach  of  trust. 
Example. — A,  an  engineer,  agrees  with  B,  a  contractor,  that  A  will  use  his 

position  as  engineer  of  a  large  project  to  have  the  contract  awarded  to  B,  and 
that  he,  A,  is  to  get  a  commission  for  such  influence. 

(6)  Which  unduly  affect  the  freedom  or  security  of  marriage. 

(7)  Contracts  in  unreasonable  restraint  of  trade  and  which  tend  to 
suppress  competition  at  letting  or  sale  by  auction. 

Example. — An  agreement  not  to  bid  at  a  public  auction,  if  made  for  the 
purpose  of  stifling  competition,  is  unlawful. 

"A  general  assignment  or  agreement  to  assign  all  invention  there- 
after made  by  a  party  is  not  only  contrary  to  public  policy  but  is  void 
under  the  patent  laws  of  the  United  States.  But  a  contract  to  assign 
future  invention  is  valid  where  it  relates  to  a  particular  subject  and  im- 
poses only  such  restraint  upon  the  assignor  as  is  fairly  and  reasonably 
necessary  for  the  protection  of  the  assignee  under  all  the  circumstances 
of  the  case.  An  illustration  of  such  a  reasonable  and  valid  contract  is 
a  contract  for  the  sale  of  letters  patent  for  a  machine  "together  with  all 
improvement  I  may  hereafter  make."7 


o  Willis  on  Contracts,  page  133. 

7  Clark  on  Contracts,  3d  Ed.,  page  392. 


158    ,  Elements  of  Contracts 

(8)  To  pay  usurious  rate  of  interest. 

Example. — The  laws  of  a  state  provide  that  no  greater  rate  of  interest 
shall  be  agreed  upon  or  received  than  10%  per  year.  A  and  B  agree  upon  a 
rate  of  interest  of  12%  per  year.  This  contract  is  void  as  it  is  usurious  and 
the  court  will  not  enforce  the  contract. 

In  some  states  they  refuse  even  to  assist  in  the  collection  of  the  prin- 
cipal, and  in  most  states  they  simply  provide  that  the  principal  shall  be 
repaid  to  the  person  from  whom  it  was  borrowed,  and  no  interest  at 
all  is  collectable. 

(9)  Any  agreement  the  object  of  which  is  to  injure  the  public  health 
or  safety. 

Example. — If  a  contract  is  made,  the  object  of  which  is  to  obstruct  drain- 
age and  produce  unhealthful  conditions  and  thereby  depreciate  the  value  of 
adjacent  property,  such  contract  is  unlawful  since  it  is  an  agreement  preju- 
dicial to  public  health  and  consequently  is  against  public  policy. 

(10)  Agreements  to  establish  unlawful  monopolies,  trusts,  etc. 
Example. — If  dealers  in  a  necessary  commodity  combine  for  the  purpose  of 

controlling  the  output  of  such  commodities  and  increasing  the  price  thereof, 
the  agreement  to  combine  is  unlawful  as  against  public  policy,  it  being  a  com- 
bination monopoly  or  trust  for  the  purpose  of  establishing  a  restraint  on  trade. 

§  1 06.  Statute  of  Fraud. 

The  Statute  of  Frauds  originated  in  England  in  what  was  known  as 
29.  Car.  2  C  3,  and  was  entitled  "An  act  for  the  prevention  of  fraud 
and  perjury."  This  statute  required  certain  classes  of  contracts  to  be 
in  writing,  and  it  has  been  adopted  in  some  form  or  other  by  every  state 
in  the  United  States.  The  statute  requires  the  following  classes  of 
contracts,  or  a  memorandum  thereof,  to  be  in  writing  and  signed  by  the 
party  or  parties  to  be  charged  thereby,  or  by  his  or  their  lawfully  author- 
ized agent : 

(1)  A  special  promise  of  an  executor  or  administrator  "to  answer 
damages  out  of  his  own  estate;"  that  is,  to  render  himself  personally 
liable  for  the  debts  of  the  deceased. 

(2)  "Any  special  promise  to  answer  for  the  debt,  default  or  mis- 
carriages of  another  person."     This  class  of  contracts  arises  most  often 
in  business  deals  in  the  form  of  suretyship  agreements  or  contracts 
creating  a  guaranty. 

(3)  Any  agreement  made  upon  the  consideration  of  marriage. 

(4)  Any  agreement  which  "is  not  to  be  performed  within  the  space 
of  one  year  from  the  making  thereof." 

(5)  Agreements  for  the  sale  of  any  interest  in  land  or  for  the  leasing 
of  land  for  a  period  of  more  than  one  year. 


Statute  of  Fraud  159 

(6)  Agreements  for  the  purchase  of  goods,  wares  or  merchandise  for 
a  price  of  fifty  dollars  or  more,  unless  some  payment  has  been  made  on 
such  agreement,  or  a  part  of  the  goods  has  been  delivered  and  accepted. 

Where  contracts  coming  under  the  Statutes  of  Frauds  are  signed  by 
agents,  the  authority  of  the  agent  must  also  be  in  writing  and  signed  by 
the  parties. 

§  107.  Interpretation  of  the  Contract. 

In  general,  contracts  will  be  construed  so  as  to  give  effect  to  the  real 
intention  of  the  parties.  In  determining  what  such  intention  is,  the 
following  rules  are  used : 

The  intention  will  be  gathered  from  the  entire  contract,  and  if  there 
is  a  contradiction  between  printed  and  written  parts  thereof,  the  writ- 
ten part  will  govern. 

If  the  contract  is  capable  of  two  interpretations,  one  of  which  would 
render  it  void  or  incapable  of  performance  and  the  other  valid  or  capable 
of  performance,  the  latter  construction  will  be  given  it. 

Words  are  given  their  plain  or  literal  meaning  except  that  evidence 
of  local  usage  may  vary  their  meaning  and  technical  words  will  be  given 
their  technical  meaning. 

If  there  is  doubt  as  to  the  meaning  of  the  contract,  the  construction 
given  it  by  the  parties  will  be  given  weight. 

Words  are  construed  most  strongly  against  the  party  using  them. 

§  1 08.  Penalties  and  Liquidated  Damages. 

Contracts  often  provide  that  in  case  of  a  breach  of  the  contract,  the 
party  aggrieved  may  collect  of  the  other  party  a  certain  specified  amount 
as  liquidated  damages,  or  simply  damages.  The  courts  will  give  effect 
to  the  intention  of  the  parties  provided  the  amount  stated  is,  as  a  matter 
of  fact,  liquidated  damages  and  not  a  penalty. 

In  determining  whether  it  is  in  fact  liquidated  damages,  the  courts 
will  pay  no  attention  to  what  the  parties  to  the  contract  have  called  it. 
If  the  amount  of  damage  is  readily  attainable  and  the  amount  stipulated 
is  very  much  in  excess  of  this  amount,  it  will  be  deemed  a  penalty  and 
therefore  not  enforceable.  If  it  is  indefinite  and  of  uncertain  value, 
the  surri  stipulated  will  be  liquidated  damages.  It  is  not  a  penalty  to 
make  a  debt,  payable  in  installments,  payable  in  whole  on  the  failure  to 
pay  an  installment  when  due. 

§  109.  Discharge  of  Contracts. 

It  is  probably  just  as  important  for  the  engineer  to  understand  how  a 
contract  may  be  discharged  as  it  is  for  him  to  know  how  to  enter  into 
a  valid  binding  and  legal  contract.  The  ways  in  which  a  contract  may 
be  discharged  are  many,  and  especially  in  engineering  work  is  it  im- 


160  Elements  of  Contracts 

portant  to  have  an  understanding  of  some  of  these  ways  of  dis- 
charging a  contract. 

1.  The  Discharge  by  Performance.     The  most  common  method  of 
the  discharge  of  a  contract  is  by  performance  of  the  contract  in  accord- 
ance with  its  terms.     If  the  contract  is  fully  performed  by  both  parties 
thereto,  all  rights  and  all  obligations  under  the  contract  cease  to  exist 
for  both  parties  thereto. 

Tender  of  Performance.  Contracts  are  often  discharged  by  a  tender 
of  performance  on  the  part  of  one  of  the  parties  thereto.  In  contracts 
calling  for  a  money  payment,  the  tender  must  be  made  in  money.  In 
such  cases  the  person  so  making  the  tender  is  relieved  from  the  pro- 
visions of  the  contract,  provided  the  other  party  thereto  has  failed  or 
refuses  to  do  his  part.  If  the  tender  is  for  a  less  amount  than  is  ac- 
tually due  on  the  contract,  the  other  party  thereto  may  recover  the 
amount  actually  due  together  with  costs. 

In  case  of  tender  of  services  where  services  only  are  contemplated  in 
the  contract,  if  the  person  to  whom  the  services  are  tendered  refuses  the 
same,  then  the  person  so  tendering  the  services  is  entirely  relieved  from 
any  responsibility  under  the  contract  and  may  sue  the  other  party  and 
recover  damages  for  the  failure  of  the  other  party  to  comply  with  his 
part  of  the  contract. 

Example. — A,  an  engineer,  enters  into  contract  with  B,  who  is  to  erect  a 
sewage  disposal  plant,  whereby  A  agrees  to  perform  the  engineering  services 
in  connection  therewith.  Because  of  the  city  ordinance  making  it  unlawful 
to  erect  a  sewage  disposal  plant  at  the  point  agreed  upon  B  decides  to  abandon 
the  project.  A  offers  his  services  to  B  who  refuses  them.  The  contract  there- 
by is  discharged  so  far  as  A  is  concerned  and  he  may  sue  B  for  damages  be- 
cause of  his  failure  to  live  up  to  his  part  of  the  agreement. 

Where  two  parties  are  to  act  at  the  same  time,  neither  party  can  col- 
lect from  the  other  because  of  the  failure  of  the  other  party  to  comply 
with  the  terms,  unless  he  himself  is  ready  and  willing  and  offers  to 
comply  with  the  terms  of  the  contract. 

Example. — A  contractor  agrees  to  purchase  a  dynamo  from  an  electric 
company,  the  same  to  be  of  a  special  design  and  to  be  ready  for  delivery  at  a 
specified  date.  The  dynamo  is  not  ready  on  the  date  agreed  upon  and  the 
contractor  who  was  to  have  received  the  dynamo  refuses  to  accept  the  dynamo 
when  it  was  prepared  later  and  sues  the  electrical  company  for  damages.  He 
cannot  collect  unless  he  can  establish  that  he  was  ready  and  willing  and 
offered  to  pay  for  the  dynamo  at  the  time  when  the  same  was  agreed  to  have 
been  delivered. 

2.  Impossibility  of  Performance.     Perhaps  no  method  of  discharg- 
ing the  contract  is  of  more  interest  to  the  engineer  than  this  one.     The 


Discharge  of  Contracts  161 

engineering  contractor  is  continually  running  into  conditions  of  soil, 
streamflow,  climate  and  other  conditions  which  could  not  have  been 
and  were  not  foreseen  prior  to  the  undertaking  of  the  work,  and  it  is 
important  that  he  understands  the  effect  of  these  unforeseen  conditions 
on  the  contract  before  entering  into  such  a  contract. 

If  the  contractor  contracts  without  reservation  to  do  a  certain  piece 
of  work  in  a  certain  way  and  within  a  given  time  he  is  absolutely  bound 
by  his  contract  to  do  the  work  in  the  manner  specified  and  within  the 
time  specified,  provided  he  has  not  made  some  provision  in  his  contract 
for  the  extension  of  time  or  for  extras  for  unforeseen  conditions  or  un- 
less the  person  with  whom  he  contracted  has  by  his  representations  to 
the  contractor  practically  warranted  the  conditions  which  will  be  en- 
countered in  the  work. 

Example. — A,  an  engineering  contractor,  contracts  with  B  that  he  will  con- 
struct the  foundation  for  a  structure  of  a  general  type  and  of  approximately 
a  given  depth.  In  making  excavations  for  the  foundation  he  finds  the  soil 
conditions  which  make  it  necessary,  in  order  to  insure  the  safety  of  the  foun- 
dation, to  greatly  enlarge  the  foundation  planned  by  increasing  the  depth  to 
which  the  foundation  is  laid,  and  this  increase  practically  doubles  the  cost. 
The  question  now  is,  what  is  the  effect  of  this  unforeseen  cot  Aition  which 
practically  renders  the  contract  as  originally  contemplated  impossible  of 
performance.  If  he  agreed  in  the  contract  without  reservation  to  build  the 
foundation  to  a  certain  depth  to  insure  the  safety  of  the  structure,  he  must  go 
ahead  and  complete  the  contract  as  originally  contemplated.  If,  however,  he 
provided  in  the  contract  that  in  case  of  conditions  such  as  this  he  was  to  re- 
ceive extra  pay,  or  that  a  new  contract  was  to  be  entered  into  relative  thereto 
when  the  conditions  were  found,  he  then  is  excused  from  any  further  per- 
formance of  the  contract  in  that  particular. 

If  a  contract  is  made  for  personal  services  and  the  person  whose  serv- 
ices were  contracted  for  died,  then  the  contract  is  discharged  by  the 
death  of  the  person  because  of  the  impossibility  of  his  rendering  such 
services. 

If  the  subject  matter  of  the  contract,  or  the  thing  whose  continued  ex- 
istence is  essential  to  the  carrying  out  of  the  contract,  is  destroyed 
through  no  fault  of  the  promisor,  as  by  an  act  of  God,  then  the  contract 
is  discharged. 

Where  the  performance  of  a  contract  is  rendered  impossible  by  a 
change  in  the  existing  law  then  the  contract  is  discharged. 

Example. — If  a  brewery  prior  to  January,  1919,  had  entered  into  a  contract 
to  deliver  a  given  amount  of  its  product  for  a  period  of  ten  years  next  succeed- 
ing the  contract,  the  ratification  of  the  National  prohibition  amendment  to  the 
constitution  would  have  changed  the  law  so  as  to  render  the  contract  im- 
possible of  performance  and  the  contract  would  thereby  be  discharged  at  the 
time  when  the  law  went  into  effect  and  rendered  the  same  impossible. 


162  Elements  of  Contracts 

3.  Substantial  Performance.  Another  matter  of  vital  interest  to  the 
engineer  and  the  engineering  contractor  is  the  subject  of  substantial 
performance,  for  in  most  cases  of  engineering  contracts  there  is  not  an 
exact  performance  of  the  contract  but  a  substantial  performance  there- 
of. This  is  a  highly  technical  subject  and  one  which  should  be  very 
thoroughly  understood.  It  is  impossible  within  the  confines  of  this 
chapter  to  give  an  extended  discussion  of  this  matter,  but  engineering 
students  should  consult  standard  texts  for  a  full  discussion  thereof. 

It  is  not  necessary  here  to  discuss  or  to  define  the  technical  meaning 
of  substantial  performance.  It  is  simply  necessary  to  state  that  by 
substantial  performance,  in  a  general  way,  is  meant  the  practical  com- 
pletion of  the  work  so  that  no  material  parts  thereof  remain  to  be  done 
or  so  that  there  have  been  no  material  alterations  from  the  original  con- 
tract. Wait,  in  "Engineering  and  Architectural  Jurisprudence,"  says 
the  question  is  not  one  of  law  but  a  fact  for  the  jury,  which  determines 
whether  the  defect  is  technical  or  unimportant,  whether  there  has  been 
a  substantial  performance,  and  also  whether  the  departure  and  omis- 
sions were  intentional  and  willful. 

The  right  to  collect  for  substantial  performance  of  a  contract  is  what 
is  known  as  an  equitable  right  as  opposed  to  a  legal  right  and  it  is  a  rule 
of  equity  that  one  seeking  to  enforce  an  equitable  right  must  come  into 
court  "with  clean  hands,"  that  is  he  himself  must  not  have  been  at 
fault.  It  follows  therefore  that  if  one  has  willfully  departed  from  the 
terms  of  the  contract  or  has  intentionally  substituted  materials  for  other 
materials  which  were  specified  in  the  contract  and  which  were  available 
that  he  cannot  recover  in  a  court  of  equity.  If,  on  the  other  hand,  cer- 
tain materials  were  specified  in  the  contract  to  be  used  or  a  certain 
method  of  doing  the  work  was  specified  and  the  materials  specified  were 
not  obtainable  but  another  material,  substantially  of  the  same  grade  was 
obtainable,  or  if  certain  methods  of  doing  the  work  were  specified  which 
could  not  be  used  beca  tse  of  circumstances  which  arose  and  another 
method  of  doing  the  work  which  was  substantially  equivalent  to  the 
method  prescribed  was  available  and  it  was  used,  that  would  con- 
stitute a  substantial  performance  of  contract. 

Substantial  performance  is  a  question  of  fact  for  the  jury  and  not  a 
question  of  law,  it  therefore  follows  that  the  question  as  to  whether  or 
not  there  has  been  substantial  performance  depends  in  a  great  measure 
upon  the  character  of  the  jury  which  may  decide  upon  the  particular 
question,  and  it  is  well  for  engineering  contractors  to  keep  in  mind  that 
there  is  the  human  element  to  deal  with  in  all  matters  of  this  kind,  and 


Discharge  of  Contracts  163 

in  determining  whether  to  bring  a  suit  for  collection  on  the  grounds 
that  there  has  been  substantial  performance,  this  should  be  considered. 

A  contract  may  be  so  drawn  that  it  consists  of  several  distinct  and 
separable  parts  and  it  often  happens  that  one  part  of  the  contract  which 
is  separable  from  the  other  parts  is  fully  performed  and  if  the  con- 
tractor quit  work  when  that  separable  part  was  completed  he  may  re- 
cover for  the  work  so  done.  One  of  the  tests  of  substantial  performance 
is  whether  the  structure  is  reasonably  adapted  to  the  purpose  for  which 
it  was  built,  and  it  has  been  held  that  when  the  roof  of  an  addition  to  a 
house  is  five  inches  too  low,  the  mistake  not  affecting  its  appearance 
materially  that  the  contract  had  been  substantially  performed  (Overlies 
vs.  Bullinger,  132  N.  Y.  598)  ;  the  defects  of  $275.00  on  a  $7,000.00 
job  were  held  not  inconsistent  with  substantial  performance  where  the 
contractor  tried  to  fulfill  his  contract  (Valk  vs.  Mekenzie  16  N.  Y. 
Sup.  741). 

4.  Discharged  by  Agreement.  A  contract  may  also  be  discharged  by 
agreement  between  the  parties  thereto.  If  the  contract  has  not  been 
performed  by  either  party  thereto,  the  same  may  be  discharged  by  the 
mutual  agreement  of  the  parties,  the  consideration  for  the  discharge  be- 
ing the  mutual  release  of  each  party  by  the  other.  Contracts  may  also 
be  discharged  by  agreement  by  the  making  of  a  new  contract  between 
the  parties  to  the  old  contract,  the  terms  of  which  are  inconsistent  with 
the  terms  of  the  old  contract  or  the  terms  of  which  provide  that  it  shall 
be  substituted  for  the  old  contract.  A  contract  may  also  be  discharged  by 
a  release  under  seal  which  imports  a  consideration  or  a  release  founded 
upon  a  sufficient  consideration  and  signed  by  the  parties  to  the  contract 
or  by  changing  the  parties  to  the  contract  whereby  a  new  party  is  sub- 
stituted for  the  previous  one  by  agreement  of  all  three  of  the  parties  to 
the  substitution  while  the  terms  of  the  contract  may  remain  the  same. 
The  party  for  whom  the  new  party  was  substituted  is  thereby  dis- 
charged from  any  liability  and  from  all  rights  under  the  contract,  pro- 
vided there  has  been  no  performance  by  either  of  the  parties  thereto. 

It  often  happens  in  an  engineering  contract  that  unforeseen  condi- 
tions arise  after  the  contract  has  been  started  and  the  parties  to  the  old 
contract  enter  into  a  new  contract  which  fits  the  new  conditions.  They 
are  thereby  discharged  from  the  conditions  of  the  old  contract  and 
bound  by.  the  conditions  of  the  new  one. 

It  should  be  remembered  that  contracts  under  seal  can  be  discharged 
only  by  agreement  or  release  also  under  seal,  and  any  contract  under 
the  Statutes  of  Frauds  which  is  thereby  required  to  be  in  writing  must 
be  released  by  an  agreement  in  writing.  If  the  statute  of  frauds  does 


164  Elements  of  Contracts 

not  require  the  agreement  to  be  in  writing,  it  may  be  released  either 
orally  or  in  writing  even  though  the  original  agreement  was  in  writing. 
One  party  to  a  contract  who  has  performed  his  part  of  the  contract  may, 
for  a  reasonable  consideration,  waive  his  rights  to  the  performance  by 
the  other  party  thereto. 

5.  Discharged  by  Operation  of  Law.     Contracts  may  be  discharged 
by  operation  of  law  either  by  merger  of  one  contract  into  another,  altera- 
tion of  the  contract  by  one  party  thereto  without  the  consent  of  the  other 
party,  or  by  the  bankruptcy,  either  voluntary  or  involuntary,  of  one  of 
the  parties  to  the  contract.     Clark  in  his  work  on  contracts,  page  599, 
says :  "Acceptance  of  a  higher  security  in  place  of  a  lower  merges  or 
extinguishes  the  lower,  but 

"(a)  the  two  securities  must  be  different  in  their  legal  operation,  the 
one  of  a  higher  efficacy  than  the  other. 

"(&)  the  subject  matter  of  the  two  securities  must  be  identical. 

"(c)  the  parties  must  be  the  same." 

Example. — If  A  and  B  enter  into  a  contract  whereby  A  agrees  to  purchase 
a  certain  tract  of  land  from  B  and  to  pay  him  $1,000  therefor,  if  B  later 
deeds  the  land  to  A  upon  the  payment  by  A  of  the  $1,000,  then  the  simple  con- 
tract for  the  purchase  of  the  land  merges  with  the  deed  as  the  deed  is  the 
higher  form  of  security. 

Alteration  of  a  Written  Instrument.  If  one  of  the  parties  to  a  writ- 
ten contract  alters,  or  causes  to  be  altered,  material  parts  of  the  contract 
without  the  consent  of  the  other  party  thereto,  the  other  party  to  the 
contract  will  be  discharged  of  all  liabilities  under  the  contract  but  will 
be  entitled  to  any  benefit  accruing  therefrom.  If  the  instrument  al- 
tered is  a  negotiable  instrument  and  is  altered  by  the  party  holding  the 
same,  the  parties  liable  thereon  are  relieved  from  all  liability  thereunder 
unless  the  instrument  is  later  negotiated  and  gets  into  the  hands  of  an 
innocent  purchaser  for  value  who  may  then  enforce  the  original  ob- 
ligation of  the  contract.  Alterations  on  notes,  bonds,  checks  and  ne- 
gotiable bills  of  lading  and  other  negotiable  instruments  come  within 
this  class. 

Discharged  by  Bankruptcy.  Under  the  bankruptcy  laws  of  the  United 
States  any  person  who  has  been  declared  bankrupt  and  whose  estate 
has  been  administered  and  who  has  received  a  discharge  in  bankruptcy 
will  be  relieved  from  all  liabilities  and  all  contracts  of  whatever  nature 
which  he  has  entered  into  prior  to  being  declared  bankrupt. 

6.  Discharged  by  Breach  of  Contract.     If  either  party  to  a  contract 
either  announces  his  intentions  not  to  fulfill  the  terms  of  the  contract  or 
wholly  or  partly  fails  to  perform  some  of  the  conditions  of  the  contract, 


Discharge  of  Contracts  165 

there  is  a  breach  of  the  contract  which  gives  rise  to  rights  on  the  part 
of  the  injured  party  either  to  give  him  a  right  of  action  against  the  other 
party  or  in  some  cases  he  may  apply  to  a  court  of  equity  for  a  specific 
performance  of  the  contract.  In  the  case  where  a  person  contracts  for 
the  conveyance  of  land  upon  the  payment  of  certain  money  if  the  person 
agreeing  to  pay  the  money  is  ready  and  willing  and  tenders  the  money, 
and  the  party  who  agreed  to  convey  the  land  refuses  to  convey  it,  the 
injured  party  may  then  go  into  a  court  of  equity  and  the  court  will  enter 
a  decree  compelling  the  conveyance  of  the  land  to  the  party  to  whom  the 
land  was  agreed  to  be  conveyed.  As  a  rule  a  breach  of  the  contract  by 
either  party  thereto  discharges  the  contract  and  relieves  the  other  party 
to  the  contract  from  all  liabilities  thereunder  and  gives  him  a  right  to 
sue  the  party  so  failing  to  fulfill  the  terms  of  the  contract  for  damages 
for  such  breach. 

(7)  Discharged  ~by  Statute  of  Limitation.  The  laws  of  the  several 
states  of  the  United  States  also  provide  that  certain  contracts  must  be 
sued  upon  within  a  given  time  after  the  right  of  action  arising  under  the 
contract  has  accrued  or  else  all  liability  thereunder  ceases.  If  A  gives 
a  note  to  B  for  $50.00  payable  one  year  after  date,  B  acquires  the  right 
to  sue  A  at  the  end  of  the  year  on  the  note.  If  the  statutes  of  the  state 
provide  that  the  action  on  such  note  must  be  commenced  within  six 
years  after  the  cause  of  action  accrued  if  the  action  is  not  commenced 
within  six  years  from  that  time  then  B  cannot  recover  from  A  the 
money  loaned  on  the  note  and  the  contract  is  discharged  through  a 
lapse  of  time.  Or,  if  the  instrument  is  a  sealed  instrument,  the  statutes 
of  limitation  usually  run  for  20  years,  that  is  if  an  action  arose  upon  a 
contract  under  seal  and  a  breach  of  the  contract  was  made  on  the  first 
day  of  January,  1910,  action  to  recover  damages  on  the  contract  must 
be  commenced  on  or  before  the  first  day  of  January,  1930,  or  if  action 
was  not  commenced  the  contract  provisions  and  all  liabilities  and 
rights  thereunder  would  be  discharged  on  the  first  day  of  January,  1930, 
by  a  lapse  of  time. 

Remedies  for  Breach  of  Contract.  Where  there  has  been  a  breach 
of  contract,  certain  rights  are  acquired  by  the  injured  party.  He  may 
either  sue  and  recover  damages  actually  suffered  by  him  or  he  may  enter 
into  an  agreement  with  the  other  parties  of  the  contract  to  accept  a  cer- 
tain amount  in  payment  of  the  breach.  This  is  commonly  known  as  an 
accord  and  satisfaction  and  the  usual  method  pursued  then  is  for  the 
injured  party  upon  the  payment  agreed  upon  to  give  a  formal  release 
of  the  contract  and  all  liabilities  and  rights  arising  because  of  the  breach 
of  the  contract  to  the  other  party  so  paying  the  money. 


166  Elements  of  Contracts 

Where  the  injured  party  sues  and  recovers  a  judgment  against  the 
other  parties  thereto,  that  operates  as  a  discharge  of  the  contract  and 
gives  rise  to  new  rights  on  the  part  of  the  injured  party  and  new  liabili- 
ties on  the  part  of  the  other  party  to  the  contract  which  may  be  inforced 
by  judicial  procedure  by  attaching  the  property  of  the  party  against 
whom  the  judgment  is  obtained  and  selling  the  same  to  pay  the  amount 
recovered  in  the  judgment. 

LITERATURE 

The  Laws  of  Contracts — John  C.  Wait  (John  Wiley  &  Sons). 

Engineering  and  Architectural  Jurisprudence,  Laws  of  Construction — 
John  C.  Wait  (John  Wiley  &  Sons). 

Miller  on  Contracts— H.  E.  Miller  (The  Keefe-Davidson  Co.). 

The  Law  of  Contracts— Alexander  Haring  (The  Myron  C.  Clark  Pub. 
Co.). 

Clark  on  Contracts — Wm.  L.  Clark,  Jr.   (West  Publishing  Co.). 

The  General  Principles  of  the  American  Law  of  Contracts — R.  M.  Ben- 
jamin (The  Bowen-Merrill  Co.). 

The  Principles  of  the  English  Law  of  Contracts — Sir  W.  R.  Anson  (Cal- 
laghan  &  Co.) 

Cases  on  the  Law  of  Contracts — W.  A.  Keener,  2  Vols.  (Baker  Voorhis 
&  Company). 

Contracts  in  Engineering — J.  I.  Tucker   (McGraw-Hill  Book  Co.). 

Engineering  Contracts  and  Specifications — J.  B.  Johnson  (McGraw-Hill 
Book  Co.). 

Bishop  on  Contracts— J.  P.  Bishop   (T.  H.  Flood  Co.). 

Lectures  on  Law  of  Contracts — J.  M.  Brown,  Washington,  D.  C.  (Pub- 
lished by  author) . 

Government  Contracts — C.  F.  Carusi   (Callaghan  &  Co.). 

Laws  of  Business — Theophilus  Parsons   (The  S.  S.  Scranton  Co.). 

Manual  of  Commercial  Law — Edward  W.  Spencer  (The  Bobbs-Merrill 
Co.). 

Business  Law — Thomas  R.  White  (Silver,  Burdett  &  Company). 


CHAPTER  X 

DAY  LABOR  AND  CONTRACT  SYSTEMS  OF  CONSTRUC- 
TION 

§  no.  Business  Methods. — Two  systems  may  be  employed  in 
the  construction  of  public  and  private  works. 

First:  The  day  labor  system,  in  which  an  organization  consisting 
of  superintendents,  foremen,  mechanics  and  laborers  is  employed  and 
the  material  purchased  by  the  municipality  or  owner  and  the  work  is 
undertaken  independently  of  contractors. 

Second:  The  contract  system  by  which  men  or  firms  who  make  a 
business  of  construction  are  employed  under  some  form  of  contract 
to  undertake  the  work. 

Each  of  these  systems  has  its  advantages  and  disadvantages. 
Each  may  be  entirely  satisfactory  under  certain  conditions  and  very 
unsatisfactory  under  other  conditions.  The  choice  of  system  must  de- 
pend on  the  selection  of  the  lesser  of  two  evils  when  all  conditions  are 
considered.  From  the  point  of  view  of  the  parties  having  the  work 
done  the  choice  will  be  made  of  the  system  which  will  secure  the  lowest 
cost  of  construction,  the  best  workmanship,  promptness  of  construc- 
tion and  the  elimination  of  contingences  to  the  greatest  degree. 

It  is  important  for  the  owner  that  the  actual  cost  of  the  work 
should  be  closely  known  in  order  that  he  may  determine  whether 
the  work  can  be  financed  and  whether  its  construction  will  be  war- 
ranted by  the  results  that  will  be  obtained  from  the  investment. 

The  contractor  is  equally  interested  in  the  cost  in  order  that  he 
may  definitely  know  that  he  can  complete  the  work  for  a  given  sum 
and  with  a  certain  profit.  Both  owner  and  contractor  are  interested 
in  a  definite  knowledge  of  all  of  the  conditions  involved  in  order  that 
it  may  be  possible  to  closely  estimate  what  that  actual  cost  will  be. 
The  owner  often  assumes  that  he  can  eliminate  uncertainty  by  inducing 
the  contractor  to  assume  all  responsibiHties,  take  the  risk  of  all  uncer- 
tainties and  undertake  the  construction  at  a  fixed  sum.  This  can  be 
and  frequently  is  done,  but  for  such  service  as  well  as  for  all  other 
services,  payment  must  be  made,  and  the  prices  paid  for  work  per- 
formed under  such  conditions  are  usually  excessive. 

When  the  nature  of  the  work  is  such  that  its  character  and  extent 
can  be  accurately  defined  and  when  plans  and  specifications  for  such 
work  are  so  prepared  that  they  are  clear  and  complete,  the  uncertain- 
ties are  largely  removed  and  contracts  let  to  responsible  and  experi- 


168  Day  Labor  and  Contract  Systems 

enced  contractors  are  usually  satisfactory.  When,  however,  the  con- 
ditions are  indefinite  and  indeterminate,  as  they  may  be  in  hazardous 
and  novel  construction  because  of  incomplete  investigation  of  conditions 
or  from  imperfect  and  indefinite  plans  and  specifications,  any  estimate 
made  must  be  more  or  less  uncertain  and  will  involve  a  serious  risk. 
Such  conditions  must  result  either  in  exorbitant  prices  or  the  assump- 
tion of  serious  risks  at  a  low  price  by  contractors,  who,  under  such 
conditions  are  apt  to  be  more  or  less  inexperienced  and  irresponsible. 
In  the  latter  case,  especially  if  the  risk  assumed  by  the  contractor  is 
realized  to  his  detriment,  there  is  a  strong  tendency  for  him  to  en- 
deavor to  recoup  his  possible  losses  by  furnishing  and  doing  as  little 
as  he  can  under  his  contract.  This  often  results  in  disagreements  and 
litigation  and  quite  likely  in  poor  work  and  general  dissatisfaction. 

In  the  fixed  sum  contract  the  interests  of  the  owner  and  con- 
tractor are,  in  the  main,  directly  opposed.  The  owner's  desires  are  as 
previously  outlined.  The  contractor's  interest  lies  between  a  desire  to 
obtain  maximum  profit  and  to  establish  or  maintain  a  reputation  for 
honesty,  efficiency  and  ability.  The  latter  desire  will  induce  the  re- 
sponsible contractor  to  carry  out  his  contract  even  at  a  loss  but  is  in- 
sufficient for  such  purpose  with  an  irresponsible  man. 

The  day-labor  system  seems  to  offer  a  way  of  avoiding  the  diffi- 
culties of  securing  proper  work  under  the  contract  system.  Here, 
however,  the  owner  exchanges  the  uncertainty  of  the  honesty,  ability 
and  experience  of  the  contractor  for  similar  uncertainties  in  regard  to 
an  organization  which  he  may  have  to  establish  for  the  special  work  at 
hand.  In  many  cases  he  may  find  that  the  evils  he  has  assumed  are  as 
great  as  or  greater  than  those  which  he  has  elected  to  avoid. 

The  problem  then  is  to  choose  such  business  methods  of  construo 
tion  as  will  avoid  these  difficulties  so  far  as  practicable.  The  answer 
is  not  apparent  and  indeed  cannot  be  always  the  same,  for  the  difficul- 
ties in  various  undertakings  are  so  different  that  they  must  be  met  in 
each  case  in  a  different  way  and  as  the  circumstances  seem  to  warrant. 

§  in.  Uncertainties  in  the  Cost  of  Work. — Difficulties,  to  be 
eliminated,  must  first  be  recognized,  and  one  of  the  greatest  difficulties 
in  the  way  of  securing  the  construction  of  work  at  reasonable  cost  lies 
in  the  uncertainties  as  to  what  that  cost  may  be.  These  uncertainties 
arise  from  various  factors  which  are  here  briefly  outlined. 

A.  The  Engineer. — To  the  owner  who  proposes  to  undertake  the 
construction  of  a  plant  or  other  piece  of  work,  the  uncertainty  involved 
in  the  selection  of  an  engineer  is  not  the  least  of  his  troubles  nor  an  un- 
important factor  in  the  expense  of  his  undertaking.  Much  depends 
upon  the  honesty,  integrity,  judgment  and  ability  of  the  engineer.  For 


Uncertainties  in  Cost  of  Work  169 

the  best  results,  he  must  be  a  man  who  will  make  the  interests  of  his 
client  his  own  interests  so  far  as  equity  will  permit ;  his  honesty  and 
integrity  must  be  beyond  question ;  his  judgment  must  be  developed  by 
knowledge  and  experience ;  he  must  have  the  ability  to  design  econom- 
ically and  to  supervise  intelligently  the  construction  proposed ;  he  must 
have  sufficient  self-knowledge  to  recognize  this  own  strength  and  his 
own  weakness,  and  sufficient  character  to  subdue  his  personal  pride 
and  to  demand  and  secure  adequate  advice  on  the  subjects  on  which 
such  advice  is  needed.  An  engineer  with  all  such  attributes  is  seldom 
available  and  such  qualifications  can  only  be  approximated.  No  for- 
mulas can  be  offered  for  his  successful  selection.  Careful  inquiry 
among  those  who  have  had  similar  work  performed,  and  observation 
of  the  ability  developed  by  men  in  similar  work,  are  the  best  bases  for 
such  selection. 

An  engineer  may  be  highly  successful  in  one  field  and  be  a  serious 
failure  in  some  other  which  is  radically  different.  It  lies  within  every 
young  engineer  to  develop  these  attributes  of  success  to  a  greater  or 
less  degree ;  much  will  depend  upon  his  individual  will-power  to  make 
himself  available  for  responsible  service. 

To  the  contractor,  the  engineer  is  an  equally  important  element  of 
uncertainty,  especially  where  local  conditions  are  unknown,  plans  and 
specifications  are  incomplete,  and  the  contract  places  large  discretion- 
ary powers  in  the  hands  of  the  engineer.  Is  the  engineer  honest,  ex- 
perienced and  competent?  Is  he  inexperienced,  arbitrary  and  unfair? 
Will  he  shoulder  his  own  mistakes  or  cover  his  errors,  so  far  as  pos- 
sible, at  the  contractor's  expense?  The  answers  to  these  questions 
would  remove  one  of  the  greatest  uncertainties  in  the  cost  of  work  to 
the  contractor;  but  unless  the  contractor  has  had  previous  experience 
under  the  same  engineer,  these  questions  can  be  answered  only  by  ex- 
perience. 

B.  Local  Conditions. — Complete  information  covering  local  condi- 
tions, full  and  complete  specifications,  a  fair  contract  and  provisions  for 
the  arbitration  of  disputed  questions  will  remove  much  of  the  uncer- 
ta;nty.     These  can  be  removed  to  a  greater  or  less  extent  by  thorough 
investigation  which  should  be  undertaken  by  technical  experts  employed 
bv  the  owner.     The  results  of  the  investigation  should  be  made  avail- 
able to  those  who  undertake  the  construction,  who  should  also  be  re- 
quired to  make  such  additional  examination  and  investigations  as  will 
give  them  a  personal  knowledge  of  the  conditions  involved,  so  far  as 
practicable. 

C.  Plans. — Complete  and  definite  plans  can  be  based  only  on  a 
complete  and  definite  knowledge  of  the  local  conditions.     They  must 


170  Day  Labor  and  Contract  Systems 

be  indefinite  to  the  extent  that  the  knowledge  of  the  conditions  are  in- 
definite. Complete,  definite  and  proper  plans  can  be  prepared  only  by 
those  who  have  sufficient  knowledge  and  experience.  Indefinite  plans 
are  frequently  the  result  of  indefinite  information  as  to  what  should 
be  required. 

D.  Specifications. — Specifications,  like  plans,  are  dependent  upon 
both  a  knowledge  of  conditions  and  a  knowledge  of  how  the  conditions 
should  be  met  in  order  to  secure  the  results  desired.     Their  proper 
preparation  is  further  complicated  by  the  difficulty  of  so  expressing 
the  meaning  and  intent  of  the  writer  that  they  will  clearly  convey  the 
same  to  the  reader,  and  by  the  fact  that  their  meaning  may  have  to  be 
interpreted  under  conditions  which  were  not  foreseen. 

E.  Contingencies. — Even  when  a  fairly  thorough  preliminary  in- 
vestigation has  been  made,  and  where  complete  and  definite  plans  and 
specifications  have  been  prepared,  contingencies  cannot  be  eliminated 
although  they  will  have  been  reduced.     No  reasonable  investigation 
can  be  so  complete  that  it  will  disclose  all  conditions  that  may  develop 
during  construction.     If  some  contingencies  become  of  minor  import- 
ance on  account  of  well  defined  local  conditions,  other  contingencies 
may  arise.     Weather  conditions  may  prove  unpropitious  and  cause  in- 
creased expense.     Continuous  rains  may  set>  in  and  delay  work  and 
cause  more  or  less  damage.     Severe  cold  weather  may  reduce  output 
and  require  protection  in  the  performance  of  the  work.     Floods  may 
come  and  cause  great  damage,  and  even  tornadoes  or  heavy  winds  have 
added  to  the  toll  of  extra  expense  which  could  not  be  foreseen. 

F.  Casualties. — Construction  work  is  frequently  accompanied  by 
casualties  more  or  less  serious.     These  can  be  greatly  reduced  by  care 
and  watchfulness,  but  mankind  will  never  become  sufficiently  reliable 
to  eliminate  them  altogether.     On  construction  work,  every  man  is  de- 
pendent  for   his   safety   on   his    fellow   men,   who-  are  more   or   less 
careless  and  unreliable,  and  on  tools,  machinery  and  apparatus  that  are 
Iiab1e  to  contain  unknown  and  serious  defects.     The  results  are  in- 
juries or  death,  and  damages  and  destruction,  all  of  which  add  to  the 
expense  involved. 

G.  Transportation. — Almost  every  structure  is  dependent  to  some 
extent  on  transportation  for  its  prompt  construction  and  cost.     This 
will  probably  be  satisfactory  but  may  cause  trouble.     The  possibilities 
of  freight  congestion,  misshipments,  wrecks  and  various  disasters  add 
to  the  uncertainty  and  expense. 

H.  Equipment. — The  satisfactory  completion  of  construction  de- 
pends upon  promptly  securing  the  proper  equipment  for  construction 
purposes  as  well  as  the  necessary  equipment  for  the  project  to  be  con- 


Uncertainties  in  Cost  of  Work  171 

structed,  both  of  which  involve  more  or  less  uncertainties  because 
others  than  the  principals  to  the  construction  are  involved.  Manu- 
facturers may  have  other  orders  that  have  precedence  or  may  be  unable 
to  secure  the  materials  necessary  for  making  the  equipment,  and  many 
other  causes  make  this  an  item  of  extra  expense. 

I.  Material. — To  secure  material  when  needed  and  at  a  reason- 
able price  is  often  a  serious  difficulty.  Both  items  must  be  ascer- 
tained as  a  basis  for  a  cost  estimate,  but  as  an  order1  can  seldom  be 
placed  at  the  time  the  estimate  is  made,  both  delivery  and  cost  may 
change  before  construction  is  possible. 

/.  Supervision. — It  is  exceedingly  difficult  to  secure  suitable  su- 
pervision for  construction  work.  Firms  having  an  extensive  business 
usually  keep  a  number  of  dependable  men  on  whom,  from  their  previ- 
ous experience,  they  can  reasonably  rely.  Even  such  firms  cannot 
keep  all  of  the  superintendents,  foremen,  etc.,  that  they  need  when 
business  is  at  its  best ;  and  they  must  depend  on  their  ability  to  select 
and  secure  suitable  men  for  temporary  positions.  The  problem  be- 
comes more  difficult  and  uncertain  when  an  entire  force  is  to  be  organ- 
ized for  the  purpose  of  a  single  construction. 

Letters  and  recommendations  may  assist  in  the  selection  of  such 
men,  but  there  is  no  way  by  which  actual  fitness  can  be  determined  ex- 
cept by  trial,  and  repeated  trials  are  often  necessary.  A  superintend- 
ent or  foreman  who  is  inexperienced  or  unsuited  to  a  certain  position, 
may  and  frequently  does  add  greatly  to  the  expense  of  the  construction. 

K.  Labor. — Skilled  and  unskilled  labor  is  one  of  the  important 
variables  in  the  cost  of  construction.  The  ability  to  secure  suitable 
men  in  sufficient  numbers  for  the  prompt  completion  of  construction 
will  greatly  reduce  cost.  When  men  are  in  great  demand  they  are 
hard  to  secure,  the  force  employed  becomes  inadequate  and  not  only  is 
the  work  delayed  and  the  cost  of  supervision  increased,  but  the  men 
themselves  become  less  efficient.  When  jobs  are  scarce  and  hard  to 
find,  the  men  on  the  work  are  attentive  and  efficient;  but  with  plenty 
of  work  and  labor  in  demand,  they  become  independent  and  inefficient. 
The  price  of  labor  advances  and  the  amount  performed  per  individual 
becomes  less.  These  changes  frequently  occur  after  an  estimate  is 
made  and  must  be  considered  as  serious  uncertainties  in  all  estimates. 

L.  Combinations. — Illegal  combinations  are  among  the  uncertain- 
ties that  will  cause  extra  expense  in  construction.  Combinations  of 
contractors,  material  men  and  manufacturers  are  not  unknown,  and 
often  seriously  affect  prices.  They  can  seldom  be  proved,  but  they  are 
often  no  less  real.  They  can  often  be  recognized  only  by  a  very  defi- 


172  Day  Labor  and  Contract  Systems 

nite  knowledge  of  actual  values,  and  their  effects  on  cost  can  some- 
times be  obviated  only  by  the  rejection  of  offers  and  the  refusal  to 
proceed  until  such  condition  can  be  eliminated. 

M.  Graft. — The  form  of  dishonesty  known  as  "graft"  is  more 
common  to  public  than  to  private  work,  because  the  opportunities  in 
public  work  are  greater.  It  results  from  private  combinations  of  dis- 
honest men  who  have  some  influence  which  can  be  used  to  secure  the 
acceptance  of  unfair  prices  or  unfair  work,  and  a  consequent  dishonest 
profit  which  may  be  divided  among  them.  No  high  grade  contractors 
or  engineers,  worthy  of  the  name,  ever  enter  into  such  dealings,  and 
while  this  disreputable  defect  in  business  relations  is  still  occasionally 
encountered  and  still  needs  watchful  attention,  it  is  believed  to  be  less 
common  than  is  popularly  supposed. 

N.  Politics. — This  evil  creates  some  of  the  most  important  uncer- 
tainties in  the  cost  of  construction  of  public  works.  It  sometimes  re- 
sults in  forms  of  graft  which  have  been  previously  mentioned  but  it 
often  takes  forms  which,  while  objectionable,  hardly  justify  so  severe 
a  title. 

Political  influences  are  commonly  exercised  to  secure  appoint- 
ments of  superintendents,  foremen  and  inspectors  who  are  unqualified 
for  the  work,  and  labor  that  is  inefficient  or  incapacitated.  They  may 
be  exercised  to  reduce  hours  of  labor  and  to  increase  unduly  the  com- 
pensation paid.  The  reasons  behind  this  may  sometimes  be  laudable, 
as  for  example,  the  desire  to  improve  labor  conditions,  the  desire  to 
afford  work  to  the  unemployed ;  or  they  may  be  unscrupulous  when  ex- 
ercised for  personal  influence.  In  any  event,  politics  is  one  of  the  seri- 
ous uncertainties  which  must  be  considered  in  the  cost  of  public  works. 

To  the  above  might  be  added  legal  complications,  and  perhaps 
other  factors  which  are  only  indirectly  covered  in  the  above  analysis. 
Enough  has  been  said,  however,  to  present  fairly  the  difficulties  in  the 
case.  Were  all  of  these  factors  present  in  every  piece  of  construction, 
the  chances  of  making  estimates  that  would  be  reasonably  close  to  the 
actual  costs  which  could  be  secured  by  any  method  of  construction, 
would  be  very  remote. 

§- 112.  Force  Account  Construction. — The  construction  of  engi- 
neering work  by  force  account  independent  of  contractors,  eliminates 
certain  difficulties  involved  in  work  let  under  a  contract,  but  introduces 
other  difficulties  often  no  less  serious.  The  responsibility  for  the  con- 
struction and  for  the  cost  of  the  work  is  placed  on  such  organizations 
as  the  owner  or  municipality  may  create  for  the  purpose,  and  the  re- 
sult depends  largely  on  the  efficiency  of  such  an  organization.  Where 


Force  Account  Construction 


173 


the  work  is  continuous  there  is  no  valid  reason,  except  the  local  condi- 
tions, why  such  an  organization  may  not  be  established  on  a  business 
basis  and  accomplish  results  which  are  fairly  comparative  with  the  re- 
sults which  can  be  accomplished  by  work  done  under  contract.  The 
possibility  of  creating  an  efficient  organization  is,  therefore,  the  prin- 
cipal point  to  be  considered. 

In  public  organizations  there  is  always  the  danger  that  there  may 
be  interference  in  the  personnel  of  the  organization  and  in  its  activities 
which  will  seriously  handicap  and  injuriously  affect  its  efficiency.  In 
such  organizations,  especially  in  public  work,  there  is  not  the  per- 
sonal responsibility  for  accomplishing  proper  work  at  the  lowest  first 
cost  that  obtains  in  works  let  by  contract.  There  is  no  personal  in- 
centive to  keep  the  construction  cost  at  the  lowest  price  in  order  that 
there  shall  be  no  personal  losses  and  a  maximum  of  personal  gain. 
Frequently  this  lack  of  responsibility  is  felt  in  common  by  all  engaged 
on  the  work,  from  the  laborer  to  the  highest  authority.  Excessive 
cost  is  commonly  excused  on  the  basis  of  supposedly  better  and  more 
satisfactory  construction. 

The  advantages  and  disadvantages  of  force  account  as  applied  to 
public  works  are  analyzed  by  the  author  as  follows : 

Day-Labor  or  Force- Account  System  for  Public  Work. 
ADVANTAGES.  DISADVANTAGES. 


1.  Employment  of  local  labor. 

2.  Saves  contractor's  profit. 

3.  Eliminates   scamping   and   ineffi- 

ciency of  contractor. 


4.  Eliminates  difficulty  of  drawing 

contracts  for  complex  construc- 
tion. 

5.  Permits   flexibility   and    ease   of 

modifying  plans. 

6.  Saving  in  cost  of  inspection. 


1.  Politics,  higher  wages  for  labor, 

shorter  hours,  and  less  efficient 
labor. 

2.  Usually  entails  greater  actual  cost 

of  construction. 

3.  Introduces  inefficiency  of  superin- 

tendents and  foremen  due  to 
lower  wages  and  political  influ- 
ences in  appointments. 

4.  Difficulties  more  fancied  than  real 

and  can  be  overcome  by  em- 
ploying efficient  and  experi- 
enced engineers. 

5.  Leads    to    careless    investigation 

and  design  and  unsafe  esti- 
mates. 

6.  No  real  saving  possible,  inspectors 

are  necessary  to  prevent  care- 
lessness by  foremen. 

7.  Difficulty  of  fixing  responsibility. 

8.  Tendency  to  maintain  organiza- 

tions when  not  needed. 


174  Day  Labor  and  Contract  Systems 

Under  favorable  circumstances  and  for  certain  purposes  the  ad- 
vantages may  offset  the  disadvantages,  but  such  conditions  are  limited. 

Mr.  H.  P.  Eddy,  who  investigated  the  efficiency  of  certain  city  de- 
partments of  Boston  for  the  Boston  Finance  Commission,  presented 
a  paper  before  the  Boston  Society  of  Engineers  which  gave  much 
pertinent  information  on  this  subject. 

In  order  to  determine  the  general  practice  of  cities  doing  work 
on  extension  of  water  pipes  and  sewerage  systems  by  day  labor  or  by 
contract,  the  following  information  was  obtained :  Of  fifty-eight  cities 
reported  concerning  the  methods  used  for  water  pipe  extension  one- 
third  were  doing  work  by  contract,  but  outside  of  New  England  forty- 
eight  per  cent  were  doing  the  work  by  contract.  Of  seventy-three 
replies  in  regard  to  methods  used  for  sewer  construction  fifty-two 
were  doing  work  wholly  by  contract,  but  outside  of  New  England 
forty-eight  of  fifty-one  cities  reporting  were  doing  work  by  contract. 
In  Massachusetts  seventeen  out  of  eighteen  reporting  were  doing 
work  by  day  labor.  While  recognizing  the  abuses  in  the  contract  sys- 
tem, Mr.  Eddy,  nevertheless  favored  that  system  on  account  of  the 
greater  abuses  in  the  day-labor  system.  In  work  done  by  day  labor 
he  found  a  strong  tendency  through  political  influences  to  employ 
older  and  less  efficient  labor,  to  increase  wages  above  the  compara- 
tive wages  paid  by  contractors,  to  shorten  hours,  to  pay  wages  for 
Saturday  half  holidays,  general  holidays  and  during  sick  leave,  and 
by  such  means  to  greatly  increase  the  cost  of  construction.  In  a 
comparison  of  eight  comparable  pipe  sewers  laid  in  Boston  by  day 
labor  and  by  contract  he  found  the  additional  cost  of  work  done 
by  day  to  be  from  48  per  cent,  to  220  per  cent,  of  the  cost  of  similar 
work  done  under  contract.  Similar  figures  and  conclusions  can  be 
drawn  from  various  sources,  and  while,  in  some  cases,  evidence  is 
available  to  the  contrary,  such  cases  are  believed  to  be  the  exception 
and  not  the  rule. 

Where  the  manager  of  work  done  by  force  account  is  directly  re- 
sponsible to  an  owner  who  gives  personal  attention  to  the  expendi- 
tures involved,  the  objections  enumerated  above  become  less  valid  and 
better  results  can  commonly  be  secured.  When,  however,  an  organ- 
ization is  effected  for  the  purpose  of  a  single  construction,  the  manage- 
ment is  confronted  with  the  difficulties  of  securing  suitable,  experienced 
and  efficient  supervision.  The  best  superintendents  and  foremen  are 
commonly  permanently  engaged  with  contractors  who  have  a  per- 
manent and  continuous  business,  and  men  so  employed  do  not  care  to 
break  such  connections  for  a  position  which  can  be  at  the  best  only 
temporary,  and  which  may  leave  them  at  the  close  of  the  job  without 


Force  Account  Construction  175 

permanent  connection.  This  factor  is  so  important  that  in  order  to 
secure  good  men  it  is  usually  necessary  to  pay  excessive  salaries.  The 
manager  is  at  the  further  disadvantage  of  having  no  personal  and  inti- 
mate knowledge  of  the  capacity  and  reliability  of  the  men  he  must  em- 
ploy, and  he  must  frequently  secure  them  only  to  find  that  they  are  un- 
suitable for  his  purpose  and  are  available  only  because  their  idiosyn- 
crasies have  made  them,  unsatisfactory  for  permanent  connections. 

Another  serious  handicap  is  the  necessity  of  purchasing  an  entire 
construction  plant  and  tools  for  a  particular  job,  which  at  its  close  can 
be  sold  only  at  a  considerable  sacrifice.  Even  the  purchase  of  such 
equipment  requires  extensive  experience  and  knowledge  of  the  par- 
ticu'ar  contract  involved. 

The  engineer,  or  whoever  must  undertake  the  responsibility  of 
carrying  out  work  of  construction  on  this  system,  should  fully  appre- 
ciate his  responsibility  and  the  probable  effect  of  any  failure  on  his 
client's  welfare  and  on  his  own  reputation  and  future  prospects.  Such 
work  should  be  attempted  on1y  by  those  who  have  had  actual  and  ex- 
tensive experience,  and  who  have  a  detailed  knowledge  of  men,  equip- 
ment, and  business  methods  which  are  not  commonly  acquired  with  an 
engineering  education. 

§  113.  Contract  at  a  Fixed  Price. — The  oldest  and  most  com- 
mon method  of  letting  work  under  contract  is  by  receiving  competitive 
bids  of  fixed  prices.  These  may  be  either  lump  sums  or  unit  prices 
on  each  of  a  number  of  items  which  together  constitute  the  entire  work. 

Contracting  on  a  basis  of  either  a  lump  sum  or  of  unit  prices  is 
subject  to  the  objection  that  the  interests  of  the  contractor  and  of 
the  owner  become  at  once  antagonistic.  It  is  the  owner's  purpose  to 
secure  the  best  quality  of  work  and  material  at  the  prices  paid,  while 
the  natural  purpose  of  the  contractor  is  to  do  the  work  as  cheaply  as 
possible  and  to  economize  in  both  the  character  of  material  and  ex- 
pense of  labor,  so  far  as  the  conditions  permit. 

If  the  contractor  is  a  man  of  character,  experience  and  reputation, 
and  if  his  proposal  has  been  based  on  definite  and  clear  plans  and 
specifications,  his  agreed  price  will  contain  a  sufficient  profit  to  assure 
the  execution  of  the  work  in  a  satisfactory  manner.  If,  however,  he  is 
unreliable  and  inexperienced,  and  places  the  desire  for  profit  above 
reputation,  he  may  take  the  work  at  such  a  price  as  to  assure  a  loss  if 
he  fulfills  his  contract.  In  this  event,  or  possibly  in  any  case,  the  letting 
of  construction  work  to  such  a  man  will  involve  constant  trouble,  and 
usually  produce  poor  results.  Work  let  under  contract  should,  so  far 
as  possible,  be  let  only  to  men  of  experience  and  standing. 


176  Day  Labor  and  Contract  Systems 

In  any  but  the  simplest  forms  of  work  that  can  be  clearly  and 
definitely  planned  and  specified,  unit  prices  rather  than  a  lump  sum 
should  be  required.  The  letting  of  work  for  a  lump  sum  may  lead  to 
exorbitant  payments  for  any  extra  work  required.  Where  a  lump  sum 
is  bid  and  a  change  in  the  work  is  made,  a  supplementary  contract  must 
be  drawn  and  a  readjustment  made  in  the  price  to  be  paid.  In  such 
cases  the  contractor  has  a  distinct  advantage,  for  his  compensation  is 
fixed  and  his  own  price  must  usually  prevail  for  any  extra  work  in- 
volved. The  lump  sum  contract  gives  no  information  as  to  what  the 
contractor  regards  as  a  fair  price  for  each  item  of  the  work  he  is  to 
perform,  on  which  information  the  deductions  for  work  omitted  and 
the  extra  payments  for  work  performed  might  be  based.  While  new 
work  under  a  contract  may  be  done  on  the  basis  of  force  account,  such 
a  method  under  contract  conditions  is  usually  unsatisfactory.  The 
labor  will  usually  be  inefficient.  When  the  laborer  knows  he  is  work- 
ing for  the  company,  the  state  or  the  city,  his  incentive  to  do  his  best 
is  gone,  for  all  lost  time  simply  adds  to  the  profit  of  his  employer.  For 
this  and  other  reasons,  force  account  work  under  contracts  should  be 
avoided  wherever  possible,  and  it  can  be  largely  avoided  by  the  use 
of  the  unit  price  system  of  bidding,  which  can  be  used  for  extra  work 
arising  out}  of  change  of  plans.  Force  account  also  means  added 
work  for  the  engineering  department  and  careful  supervision  to  see 
that  the  pay  roll  is  not  padded. 

Notwithstanding  its  disadvantages,  the  fixed  price  system  of  con- 
tracting has  been  found  the  most  practicable  method  for  general  con- 
ditions. It  is  based  on  the  same  principles  as  other  similar  business 
transactions  and  therefore  appeals  to  the  majority  of  business  men. 
It  also  has  some  additional  advantages  to  the  owner  in  that  while  the 
actual  cost  may  be  high,  a  definite  limit  is  fixed,  the  cost  is  known  be- 
fore the  work  is  begun,  and  if  the  price  is  too  high  the  work  need  not 
be  undertaken. 

When  business  men  undertake  to  construct  a  plant  or  to  erect 
a  building,  they  naturally  proceed  in  the  same  manner  that  they  would 
follow  in  other  business  undertakings.  They  commonly  neglect  to 
consider  the  fact  that  they  are  beginning  an  undertaking  of  which 
they  are  ignorant  and  are  depending  on  a  personal  advisor  and 
his  ability  to  design,  supervise,  and  secure  adequate  construction.  In 
such  cases,  invitations  to  bid  are  usually  confined  to  responsible  con- 
tractors, but  an  endeavor  is  made  to  let  the  work  at  the  lowest  practic- 
able price  in  order  that  they  may  secure  the  most  for  their  money,  as 


Contract  at  Fixed  Price  177 

Sv-% 

in  other  business  transactions.       With  complete  plans  and  specifica- 
tions, properly  and  clearly  prepared,  the  results  are  fairly  satisfactory. 

When  for  any  reason  the  price  bid  is  too  low  to  cover  the  cost  of 
the  work,  the  problem  of  securing  proper  construction  at  an  unfair  price 
arises.  Many  contractors  under  such  circumstances  will  face  the  loss, 
and  complete  the  work  in  first  class  and  satisfactory  manner ;  but  it  is 
also  true  that  there  are  many  others  who  will  take  every  advantage 
possible  in  order  to  effect  a  saving.  When  the  work  is  of  a  well  known 
character  and  the  services  to  be  rendered  are  thoroughly  defined,  a 
lump  sum  contract  is  unobjectionable;  but  as  soon  as  serious  elements 
of  hazard  enter  the  undertaking,  such  a  contract  becomes  uncertain 
and  must  either  be  taken  at  an  exorbitant  figure  or  at  a  great  risk  of 
loss.  Under  such  conditions,  either  the  force  account  system  or  some 
other  form  of  contract  becomes  desirable. 

§  114.  Excessive  Waste  in  Competitive  Bidding. — The  expense 
to  contractors  in  estimating  on  work  which  they  do  not  secure,  results 
in  a  great  economic  waste  from  competitive  bidding  as  it  is  now  con- 
ducted. The  Illinois  Chapter  of  the  American  Institute  of  Architects 
in  1907  gathered  statistics  from  five  representative  contractors  who 
made  competitive  bids  for  buildings,  costing  from  $100,000  to  $150,000- 
From  these  statistics  it  appears  that  the  average  number  of  contracts 
estimated  by  each  builder  was  seventy-two,  and  the  average  number 
of  contracts  taken,  ten.  The  average  expense  of  each  estimate  to  the 
general  contractor  was  $125  and  in  addition  the  expense  incurred  by 
subcontractors  and  material  men  was  $378,  making  a  total  of  $503 
spent  on  each  estimate  by  the  contractor,  subcontractors  and  material 
men.  In  addition  to  this  expense,  the  head  of  each  firm  spent  an  av- 
erage of  twenty-one  per  cent,  of  the  total  time  given  the  office  business 
on  these  estimates.  The  average  number  of  general  contractors  esti- 
mating on  each  building  was  approximately  six,  making  a  total  cost  of 
$3,018  on  each  building  or  from  two  to  three  per  cent,  of  the  cost  of 
the  building. 

Taking  the  total  number  of  estimates  made  for  the  five  contractors 
and  deducting  one-third  for  subcontractors'  estimates  used  in  com- 
mon by  the  general  contractors,  leaves  approximately  $120,000  as  the 
total  cost  for  estimates  made  on  all  work  by  these  five  firms.  As  the 
five  contractors  secured  a  total  of  fifty  contracts,  the  expense  of  the 
bids  from  which  work  was  secured  was  $25,150  and  the  expense  in- 
curred for  estimating  contracts  which  were  not  secured  was  $95,000, 
which  amount  was  a  dead  loss  to  the  five  contractors,  subcontractors 


178  Day  Labor  and  Contract  Systems 

and  material  men  in  one  year.     This  loss  must  be  met  indirectly,  in  the 
long  run  by  the  owners  of  the  buildings  erected. 

The  committee  in  making  this  investigation  estimated  that  in  1906, 
$63,000,000  in  building  work  was  done  in  the  city  of  Chicago  and  that 
the  expense  of  estimating  was  at  least  $1,260,000,  of  which  $1,000,000 
was  fruitlessly  spent  on  unsuccessful  estimates. 

The  committee  suggested  that  this  expense  might  be  curtailed  by 
employing  a  professional  estimator  to  make  a  complete  estimate  of  all 
labors,  materials  and  expenses  involved  in  a  proposed  building.  This 
estimator  should  be  paid  by  the  owner  and  should  be  absolutely  inde- 
pendent. The  committee  expressed  the  opinion  that  the  nature  of  the 
estimator's  position  would  enable  him  to  secure  low  prices  for  the  great 
mass  of  material  by  eliminating  middlemen's  profits  and  reducing  op- 
portunities for  combinations.  It  was  suggested  that  the  owner  should 
go  over  the  plans  and  specifications  of  the  building  and  the  estimator's 
report  of  the  cost  of  construction,  and  if  he  found  the  cost  satisfac- 
tory, he  should  turn  the  papers  over  to  a  contractor  satisfactory  to 
himself  and  his  architect.  If  the  contractor  was  also  satisfied  with 
the  amount  of  the  estimate,  he  could  be  given  the  contract  for  the  esti- 
mated amount,  plus  a  fixed  fee,  depending  upon  the  character  and  mag- 
nitude of  the  structure.  At  the  completion  of  the  work,  if  the  building 
costs  less  than  the  estimate,  the  committee  suggests  that  the  amount 
should  be  divided  equally  between  the  contractor  and  the  owner ;  while 
if  the  cost  ran  above  the  estimate,  the  loss  should  be  equally  divided. 
They  believe  that  in  this  way  the  interests  of  the  owner  and  of  the  con- 
tractor could  be  made  the  same,  and  that  their  relations  would  there- 
fore be  harmonious  instead  of  antagonistic.  The  difficulty  in  making 
such  arrangements  would  probably  be  due  largely  to  the  lack  of  ac- 
quaintance between  business  men  and  contractors  and  to  the  fact  that, 
as  few  men  put  up  more  than  one  or  two  buildings,  they  would  natur- 
ally see  greater  economy  in  competitive  bidding  than  in  awarding  the 
contract  without  competition. 

The  suggestion  is,  however,  worthy  of  careful  consideration,  as 
some  system  of  preventing  unnecessary  expense  is  desirable  and  all 
practicable  economies  will  result  both  in  reduced  cost  of  construction 
and  greater  profits. 

§  115.  Contracts  for  Cost  Plus  a  Percentage. — To  obviate  the 
difficulties  of  the  fixed  price  contract,  various  methods  have  been  sug- 
gested and  tried  with  results  more  or  less  satisfactory.  The  most  com- 
mon method  has  been  to  pay  the  contractor  the  actual  cost  of  the 


Cost— Plus  Contracts  179 

construction  work  with  a  specified  percentage  thereof  as  compensation 
for  his  overhead  expenses,  personal  services,  and  profits. 

The  advantages  claimed  for  this  system  are  that,  as  the  risk  or 
hazard  of  construction  is  entirely  removed  from  the  contractor,  the 
owner  can  secure  his  services  with  the  advantages  of  his  skill  and  ex- 
perience for  the  lowest  practicable  amount.  While  the  owner  is 
obliged,  in  this  case,  to  assume  the  hazards  or  contingencies  of  construc- 
tion, he  will  pay  only  such  costs  as  are  actually  incurred  and  for  which 
he  should  equitably  pay. 

There  is  no  doubt  but  that  the  removal  of  hazard  is  an  important 
factor  in  low  bidding.  Any  successful  man  must  charge  prices  which 
are  sufficient  to  cover  not  only  the  actual  cost  which  can  be  intelligently 
estimated,  but  also  those  contingent  expenses  which  cannot  be  ac- 
curately foreseen  but  which,  nevertheless,  will  surely  occur.  Tenders 
from  responsible  contractors  for  work  at  a  fixed  price  are  bound,  there- 
fore, to  be  high  enough  to  cover  reasonable  and  possibly  unreasonable 
conditions. 

The  percentage  basis  for  the  letting  of  contracts  is,  however,  open 
to  objections.  One  important  objection  is  the  fact  that  every  increase 
in  cost  increases  the  amount  payable  to  the  contractor.  Increased  cost, 
while  a  detriment  to  the  owner,  is  a  direct  financial  benefit  to  the  con- 
tractor. Not  all  contractors  are  strong  enough  morally  to  withstand 
the  resulting  temptation. 

Another  serious  drawback  to  all  forms  of  contracting  for  cost"^ 
plus  a  certain  definite  or  variable  return  to  the  contractor  is  due  to  the   / } 
inefficiency  of  management  which  is  likely  to  result  where  a  contractor's   W 
profit  does  not  depend  on  his  ability  to  do  work  economically.     Where  f 
he  has  little  or  no  financial  interest  in  the  actual  economy  of  construe-  / 
tion,  the  personal  care  in  the  choice  of  men  and  equipment  and  the  S 
close  supervision  which  obtains  under  fixed  sum  contracts  are  of  ten  j 
missing,  with  more  or  less  unsatisfactory  consequences. 

Experience  shows  that  it  is  almost  or  quite  impossible  to  secure 
efficient  working  conditions  under  the  cost  plus  percentage  arrange- 
ment. The  foremen  and  laborers,  appreciating  the  fact  that  the  con- 
tractor to  whom  they  are  directly  responsible  is  not  dependent  on  their 
greatest  efforts  for  his  returns,  will  almost  uniformly  reduce  their  ef- 
forts, with  a  resulting  increase  in  cost  and  perhaps  a  detriment  to  the 
quality  of  work. 

While  the  lump  sum  price  assures  personal  responsibility,  the  con- 
tractor will  not  attempt  work  unless  he  feels  confident  that  he  can  prop- 


180  Day  Labor  and  Contract  Systems 

erly  equip  the  same  with  suitable  plant  and  supervision,  as  otherwise 
his  chance  for  a  profit  would  be  small.  In  prosperous  times,  when  the 
amount  of  work  to  be  done  is  considerable,  there  is  a  strong  temptation 
for  the  contractor,  under  the  cost  plus  a  percentage  system,  to  take  all 
work  offered  regardless  of  his  ability  to  furnish  suitable  supervision 
and  equipment.  Such  conditions  are  of  course  disastrous  to  low  cost 
of  construction  and  to  satisfactory  work.  The  use  of  the  percentage 
form  of  contract  should  therefore  necessarily  be  limited  to  firms  with 
well  established  reputations,  and  must  be  confined  to  work  for  private 
companies  not  bound  by  the  legal  restrictions  which  govern  public 
works.  Under  certain  conditions  such  a  plan  is  undoubtedly  desirable. 
In  extending  the  rapid  transit  system  of  New  York  City  it  became  nec- 
essary to  construct  a  third  track  on  the  Second,  Third  and  Ninth  Ave- 
nue elevated  railway  lines.  The  difficulties  in  the  way  of  the  extensive 
improvements  required  were  serious,  and  it  was  necessary  to  effect 
the  improvement  with  a  minimum  risk  of  danger  and  the  least  prac- 
ticable interference  with  traffic  on  the  elevated  structure  and  on  the 
streets  below.  The  improvement  aggregated  about  fifteen  miles  of 
such  work  requiring  the  fabrication  and  erection  of  about  $0,000  tons 
of  structural  steel  at  an  estimated  cost  of  $8,000,000.  The  Man- 
hattan Elevated  Railway  Company  decided  to  employ  certain  responsi- 
ble contracting  companies  to  do  this  work  on  the  basis  of  cost  plus 
fifteen  per  cent.  This  was  made  necessary  on  account  of  the  intimate 
relation  of  the  work  to  be  done  to  the  operation  of  the  elevated  rail- 
ways and  the  safety  and  convenience  of  the  public.  It  is  evident  that 
it  would  be  extremely  difficult,  if  not  impossible,  to  have  prepared  a  sat- 
isfactory contract  and  specifications  in  order  to  have  arranged  for  a 
public  letting,  and  quite  impossible  to  have  provided  for  safe  and  sat- 
isfactory operation  and,  at  the  same  time,  to  have  secured  reasonable 
bids  by  the  ordinary  method  of  competitive  bidding. 

§  116.  Contracts  for  Cost  Plus  a  Fixed  Sum. — In  recent  years 
the  objection  to  the  cost  plus  a  percentage  form  of  contract  has  been 
somewhat  reduced  by  changing  the  basis  from  a  percentage  to  the  cost 
plus  a  fixed  sum.  By  this  form  of  contract,  the  contractor  cannot 
profit  by  any  increase  in  cost,  but  on  the  other  hand  will  secure  the 
greatest  returns  to  himself  by  the  least  expenditure  of  time  and  money 
for  the  owner.  This  plan  eliminates  certain  objectionable  features  of 
the  percentage  form  of  contract  but  does  not  eliminate  the  inefficient 
methods  and  unsatisfactory  labor  conditions. 

§  117.  Contracts  for  Cost  Plus  a  Variable  Premium. — Another 
form  of  contract  has  been  used  to  some  extent  in  the  last  ten  years. 


Cost— Plus  Contracts  181 

Under  this  form  of  agreement,  the  contractor  undertakes  to  complete 
the  work  for  a  fixed  sum  and  in  a  definite  time.  In  addition  to  this 
sum,  he  is  to  be  paid  a  stated  premium  which  is  reduced  or  increased, 
accordingly  as  the  actual  cost  and  time  of  completion  are  greater  or 
less  than  the  stipulated  costs  and  time  of  completion. 

The  advantage  of  this  form  of  contract  is  that  the  owner  can  de- 
termine the  final  cost  almost  as  closely  as  under  the  lump  sum  contract. 
If  the  cost  of  the  work  is  less  than  the  estimate,  he  is  benefited  to  the 
extent  of  one  half  of  the  amount  saved;  while  the  other  half  is  paid 
to  the  contractor  as  an  extra  premium  earned.  If  the  cost  of  the  work 
increases  above  that  of  the  estimate,  half  of  the  additional  cost  is  paid 
by  the  owner  and  the  other  half  is  deducted  from  the  contractor's  pre- 
mium. If  the  work  is  completed  in  advance  of  the  fixed  time,  the  con- 
tractor receives  a  certain  agreed  sum  per  day  for  the  time  saved ;  and 
if  completed  behind  time,  a  corresponding  deduction  is  made  in  the 
premium  paid.  The  principal  objection  to  this  form  of  agreement 
arises  from  the  possibility  that  the  estimated  cost  may  be  high  and  the 
time  of  completion  too  great,  under  which  condition  the  contractor 
may  secure  an  unfair  premium  by  his  ability  to  reduce  the  cost  and 
time  below  his  estimates.  If,  however,  this  form  of  agreement  is  put 
into  competition  with  lump  sum  bids  on  the  basis  of  the  estimated  cost 
and  time  provisions  as  has  been  proposed,  an  advantage  may  be  se- 
cured by  a  reduced  cost  and  by  the  unity  of  interests  which  should  en- 
sue from  this  form  of  agreement. 

In  a  somewhat  similar  contract  made  in  Boston,  the  agreement 
provided  that  the  contractor  should  receive  first  the  actual  cost  of  the 
work  plus  ten  per  cent,  of  such  cost.  Upon  the  final  completion  of  the 
work,  the  total  cost  plus  the  percentage  was  to  be  compared  with  the 
estimated  cost  made  by  the  engineer,  and  provisions  were  made  in  the 
agreement,  in  case  the  estimate  was  unsatisfactory  to  the  contractor, 
for  a  revised  estimate  by  a  board  of  three  engineers.  If  the  total  cost 
of  the  work  exceeded  the  estimated  cost,  then  one  fourth  of  this  excess 
was  deducted  from  the  ten  per  cent,  to  be  paid  the  contractor;  and  in 
case  the  work  was  less  than  the  estimated  cost,  the  contractor  was  en- 
titled to  receive  one  fourth  of  the  amount  saved.  The  entire  cost  of 
small  tools  and  supplies  used  was  charged  to  the  work,  and  the  cost 
of  machinery,  tools  and  appurtenances  purchased  for  and  used  upon 
the  work,  less  their  value  at  the  end  of  the  contract,  was  also  included 
in  the  computed  cost. 

There  is  no  apparent  reason  why  a  contract  under  the  above  plans 
may  not  be  satisfactory  and  may  not  be  applied  to  the  carrying  out  of 


182  Day  Labor  and  Contract  Systems 

public  works  under  open  competition.  This  could  be  done  by  con- 
tractors stating  in  their  proposals  the  percentage  they  would  accept  in 
addition  to  the  actual  cost  of  the  work,  with  proper  provision  for  addi- 
tions or  deductions  to  be  calculated  on  the  basis  above  mentioned. 


LITERATURE 

How  Quantity  Competition  can  be  Eliminated.  Discusses  advantages  of 
eliminating  the  figuring  of  quantities  by  bidders,  by  H.  M.  Saumenig.  Eng. 
Rec.  Vol.  72,  p.  566. 

Some  Objections  to  the  Percentage  Method  of  Bidding.  Discusses  ob- 
jections to  unbalanced  bids.  Staff  Article.  Eng.  News,  Vol.  50,  p.  293. 

Contracting  on  a  Percentage  or  like  basis.  Advantages  and  disadvantages 
of  lump  sum  and  percentage  bids.  Staff  Article.  Eng.  Rec.  Vol.  54,  p.  421. 

Contract  Methods  of  Doing  Work.  Discussion  of  advantages  of  definite 
specifications.  Staff  Article.  Eng.  Rec.  Vol.  55,  p.  479. 

Competitive  Contracts.  Cost  to  bidders  of  estimating  quantities.  Staff 
Article.  Eng.  Rec.  Vol.  58,  p.  449. 

Objections  to  Lump  Sum  Bidding.  Staff  Article.  Eng.  News  Supple- 
m«nt,  Nov.  12,  1903. 

Municipal  Contract  System.  Description  and  Advantages  of  Baltimore 
System  of  Contract  Letting,  by  Mayor  Thos.  G.  Hayes.  Municipal  Journal, 
Vol.  13,  p.  106. 

Contract  with  an  Inducement  for  Economy.  Describes  Contract  for  Cost 
Plus  variable  bonus.  Staff  Article.  Eng.  News,  Vol.  74,  p.  468. 

Cost  Plus  Premium  Contracts.  Advantages  and  disadvantages  discussed. 
Staff  Article.  Eng.  Rec.  Vol.  55,  p.  58. 

Differences  between  Public  and  Private  Contracts.  Staff  Article.  Eng. 
News,  Apr.  28,  1904. 

Some  Aspects  of  Force  Account  Construction.  Staff  Article.  Eng.  Rec. 
Vol.  60,  p.  197. 

Quantity  Bids  on  Architectural  and  Engineering  Contracts.  Discussion 
of  proper  methods  of  making  quantity  estimates.  Abstract  of  paper  by  G.  A. 
Wright  before  the  Technical  Society  of  the  Pacific  Coast.  Eng.  Rec.  Vol.  40, 
p.  535. 

Different  Plans  of  Letting  Contracts.  Discusses  various  systems,  particu- 
larly Cost-plus-fixed-sum.  Abstract  of  paper  by  Frank  B.  Gilbreth  before 
American  Public  Water  Works  Ass'n.  Eng  News,  Vol.  56,  p.  411. 

Contract  versus  Day  Labor.  Discusses  advantages  of  Force  Account 
Method  of  doing  work  for  city.  E.  W.  Muenscher.  Mich.  Engrs.  Annual  1898. 

Relative  Efficiency  of  the  Day  Labor  and  Contract  System  of  Doing  Mu- 
nicipal Work.  Abstract  of  several  discussions.  Eng.  News,  Vol.  63,  p.  503. 
See  also  Eng.  News,  Jan.  27,  1910. 


Literature  183 

Municipal  Work  by  Day  Labor  and  Contract.     Abstract  of  discussion  and 
results  of  investigations  by  Harrison  P.  Eddy.     Eng.  Rec.  Vol.  61,  p.  332. 

Wanaque   Dam   Contract   Provides  for   Variable   Labor   Costs.     Eng. 
News-Rec.,  Vol.  84,  p.  734. 

Cost — Plus  Contract  Incentive  to  Close  Management.     Editorial  Inter- 
view in  Eng.  News-Rec.,  Vol.  82,  p.  863. 

Cost — Plus  Contract  Satisfactory  on  Boston  Army  Base.    Eng.  News- 
Rec.,  Vol.  84,  p.  326. 


CHAPTER  XI 

ENGINEERING  AND  ARCHITECTURAL  WORKS   CON- 
STRUCTED UNDER  CONTRACT 

§  118.  Public  and  Private  Works. —  The  term  "public  works" 
means  works  constructed  for  municipalities,  counties,  states,  and  na- 
tions, such  as  sewers,  pavements,  bridges,  canals,  river  improvements, 
and  other  works  constructed  at  public  expense  and  under  public  con- 
trol. The  term  "private  works"  means  works  constructed  by  private 
parties,  partnerships  or  corporations  such  as  buildings,  hydraulic  plants, 
railroads,  and  other  works  constructed  by  private  capital  and  under 
private  control.  The  procedure  of  authorizing  expenditures,  fixing 
contract  requirements,  advertising  for  proposals,  receiving  bids,  letting 
work,  consummating  contracts,  and  interpreting  contracts  differs  ma- 
terially in  private  work  from  that  required  in  public  work. 

The  laws  governing  the  making  and  letting  of  contracts  for  public 
works  have  been  framed  to  obviate  collusion  and  fraud,  and  their  re- 
quirements must  be  observed  in  order  that  a  legal  contract  may  be 
made. 

Public  works  must  usually  be  let  only  after  advertising,  and  to 
the  "lowest  responsible  bidder."  State  laws  sometimes  require  public 
work  to  be  advertised  for  a  certain  length  of  time,  in  certain  ways,  and 
to  a  certain  extent,  previous  to  the  letting  of  the  contract.  The  legal 
or  charter  requirements  for  advertisements  are  imperative  to  secure  the 
validity  of  the  contract.  Where  the  law  provides  that  the  contract  shall 
be  given  "to  the  lowest  responsible  bidder  giving  adequate  security," 
such  bid  cannot  be  arbitrarily  rejected.  Any  act  whereby  a  higher  bid- 
der is  made  to  appear  the  lowest,  will  invalidate  the  contract.1 

The  contract  to  be  valid  must  be  executed  without  alteration  in 
plans,  specifications  or  time;2  but  when  laws  do  ifot  require  contracts 
to  be  awarded  to  the  lowest  bidder,  alteration  may  be  made  in  con- 
tracts before  they  are  executed. 

Void  contracts  cannot  be  legalized  by  public  officers  but  may  be 
ratified  by  legislative  action.3  Any  reasonable  requirements  imposed 


1  Wait's  Engineering  and  Architectural  Jurisprudence,  sec.  140. 

2  Ibid,  sees.  141,  142. 
« Ibid,  sees.  141,  142. 


Public  and  Private  Work  185 

on  bidders  to  secure  or  facilitate  comparisons  of  bids  lie  within  the  dis- 
cretion of  the  official  letting  the  work,  and  such  requirements  must  be 
observed. 

When  a  certified  check  or  other  security  is  required  with  a  bid  for 
public  work,  and  through  error  a  mistake  has  been  made,  such  security 
must  be  forfeited  and  public  officials  have  no  authority  to  waive  such 
forfeiture.  Determination  of  responsibility  is  discretionary  but  must 
be  exercised  in  good  faith.  Acceptance  by  a  public  official  may  not, 
and  usually  does  not,  complete  an  agreement  until  such  acceptance  is 
formally  ratified  by  the  governing  body. 

In  the  preparation  of  the  contract  and  specification,  it  is  necessary 
to  keep  in  mind  the  distinction  between  public  and  private  works.  Con- 
tracts and  specifications  for  public  work  must  be  so  drawn  as  to  allow 
opportunity  for  intelligent  competition. 

Provisions  made  for  payment  for  the  performance  of  extra  work 
are  legal  *  if  the  work  designated  is  actually  extra  work.  If  however 
the  work  designated  is  a  material  part  of  the  work  which  it  is  known 
must  be  done  payment  so  made  will  be  illegal.  In  the  case  of  Moyn- 
ahan  v.  Birkett,  the  so  called  extra  work  was  in  reality  an  essential  and 
known  part  of  the  work  to  be  done  and  the  court  states :  "When  the 
law  provides  that  the  work  must  be  let  to  the  lowest  responsible  bidder, 
any  clause  in  the  contract  which  fixes  the  price  for  extra  work  without 
bids  on  that  subject  is  illegal,  and  payments  at  rates  specified  may  be 
enjoined  at  the  suit  of  a  taxpayer."  5  In  many  cases  the  bid  of  con- 
tractors on  their  own  plans  may  be  illegal  under  similar  circumstances, 
as  public  bodies  are  usually  empowered  to  determine  the  lowest  and  not 
the  best  bid.6  In  numerous  cases  however  bids  on  alternate  paving 
specifications  have  been  declared  legal,7  although  such  decision  seems 
illogical  and  based  on  a  misapprehension  of  the  principles  of  competi- 
tion.8 

In  the  execution  of  public  work,  no  departure  from  the  contract 
requirements  can  be  legally  permitted,  but  the  specifications  must  be 


*Abells  v.  City  of  Syracuse  (N.  Y.)  7  App.  Div.  501.  See  also  Dillon  on 
Municipal  Corporations,  5th  Ed.  Vol.  2,  Sec.  801,  p.  1199;  also  Clark  v.  Pitts- 
burg,  217  Pa.  St.  46,  51,  and  Smith  v.  Chicago  Sanitary  District,  108  111.  App. 
69,  78. 

sMoynahan  v.  Birkett  (Sup.  Ct.  2d  Dept),  31  N.  Y.  S.  Rep.  293. 

e  Engineering  News,  Vol.  74,  p.  609;  also  57  Wash.  p.  649;  4  Neb.  p.  160; 
and  Dillon's  Municipal  Corporation,  sec.  807. 

7  Eng.  News,  Vol.  74,  p.  1048. 

s  Ibid,  Vol.  74,  Dec.  16,  1915. 


186  Works  Constructed  under  Contract 

rigidly  enforced,  even  though  such  change  might  result  in  better  work. 
The  public  is  not  bound  by  principles  of  justice  and  equity  and  is  not 
interested  in  the  contractor's  success  or  failure,  and  any  changes  which 
are  made  to  benefit  or  assist  the  contractor  are  apt  to  be  misconstrued 
and  criticised  and  may  involve  serious  consequences  to  the  engineer. 

Private  work,  on  the  other  hand,  may  be  advertised  or  it  may  be  let 
without  advertisements,  by  public  competition,  by  competition  between 
selected  parties  or  by  agreement  with  a  single  contractor,  as  the  owner 
or  corporation  may  elect.  In  a  private  contract  a  verbal  acceptance  of 
a  proposal  may  consummate  the  contract,  and  awards  should  there- 
fore usually  be  made  subject  to  the  making  of  a  written  contract,  if 
such  written  contract  is  desired. 

In  private  work,  other  conditions  and  requirements  are  also  radi- 
cally different  from  those  for  public  works;  alternate  bids,  modifica- 
tions of  requirements,  adjustments  and  betterments  that  conditions 
seem  to  require  in  carrying  out  the  work  in  hand  may  be  made  when- 
ever the  parties  to  the  contract  agree.  Rights  may  be  waived,  obliga- 
tions cancelled,  and  extra  compensation  granted,  whenever  it  appears 
that  such  actions  are  warranted  by  justice  and  equity  or  by  expediency. 

It  is  true  that  in  public  contracts,  the  legal  requirements  have  been 
sometimes  ignored  or  neglected,  and  no  serious  consequences  have  fol- 
lowed. Many  such  contracts  which  were  invalid  have  been  made  and 
the  works  completed  and  paid  for,  even  in  some  cases  where  there  has 
been  wilful  neglect,  dishonest  intent  and  collusion  and  fraud.  This 
has  been  due  only  to  the  fact  that  the  question  of  validity  has  not  been 
raised  in  court. 

In  other  cases,  honest  errors,  due  to  a  mistaken  conception  of  legal 
requirements,  not  well  established  by  court  decisons,  have  resulted  in 
heavy  losses  and  sometimes  in  financial  failure  to  contractors  who  have 
honestly  and  conscientiously  entered  into  otherwise  fair  and  reasonable 
contracts  for  the  performance  of  public  works. 

The  risk  of  ignoring  legal  requirements  is  too  great,  and  no  con- 
tractor should  enter  into  a  public  contract  which  is  not  clearly  legal 
in  every  detail. 

In  the  preparation  of  contracts  for  public  works,  it  is  therefore 
evident  that  the  engineer  is  in  equity  bound  to  see  that  his  designs  and 
specifications  are  especially  definite,  full  and  complete,  and  as  the  re- 
requirements  of  the  contract  cannot  be  legally  waived,  especial  precau- 
tion should  be  taken  to  see  that  they  are  fair  and  reasonable. 

The  contractor,  on  his  part,  should  ascertain  either  personally  or 
through  attorney  'that  all  legal  requirements  have  been  complied  with ; 


Public  and  Private  Work  187 

that  the  ordinance  or  order  authorizing  the  work  has  been  legally 
passed;  that  the  work  has  been  legally  advertised;  and  that  the  con- 
tract and  specifications  fulfill  all  legal  requirements.  Ignorance  of  the 
law  excuses  no  one,  and  in  doing  business  with  the  public  a  knowl- 
edge of  all  requirements  is  assumed  by  the  court  and  is  neglected  at  the 
peril  of  the  private  citizen. 

§  119.  Negotiations  for  Construction  Contracts, — The  negotia- 
tions which  are  necessary  prior  to  the  consummation  of  a  construction 
contract  will  vary  in  kind  and  formality  with  the  nature  of  the  work  to 
be  done.  Where  the  party  letting  the  work  is  a  private  person  or  cor- 
poration, such  negotiations  may  take  any  form  desired.  Usually  the 
owner  will  invite  bids  based  on  specifications  more  or  less  complete, 
with  or  without  some  proposed  contract  form.  The  request  for  pro- 
posals may  be  advertised  or  notices  may  be  sent  to  such  parties  as  may 
seem  available  for  the  work  in  question. 

The  purpose  of  soliciting  more  than  a  single  bid  for  either  public 
or  private  works  is  to  secure  for  the  public  or  the  owner  the  advantages 
of  competition  and  the  right  to  select  a  proposal  which  is  advantageous. 
By  such  competition,  contractors  are  induced  to  make  close  estimates, 
the  amounts  of  which  are  usually  dependent  upon  the  amount  of  similar 
work  available,  and  the  state  of  the  market  for  labor,  materials,  etc., 
to  be  furnished.  Competitive  lettings,  if  honorably  carried  out  by  all 
parties,  are  usually  the  most  desirable  methods  of  letting  construction 
contracts.  Where,  in  private  work,  the  value  of  the  work  to  be  done, 
or  the  materials  to  be  furnished,  is  well  known,  it  may  prove  more 
satisfactory  to  let  the  work  without  competition  to  a  responsible  con- 
tractor known  to  do  satisfactory  work  or  to  furnish  the  supplies, 
material  or  machinery  especially  desired,  and  at  a  mutually  satisfac- 
tory price.  Satisfactory  results  from  private  lettings  are  dependent  on 
honorable  dealings,  and  this  method  is  perhaps  open  to  greater  oppor- 
tunities for  dishonesty  when  the  work  is  let  by  a  third  party  (the  engi- 
neer or  some  other  official),  and  not  directly  by  the  owner. 

§  1 20.  Dishonesty  in  Competitive  Letting. — The  competitive 
letting  of  construction  contracts  is  also  open  to  dishonest  practices. 
Contractors  may  combine  with  each  other  with  the  intention  of  securing 
high  prices  under  apparent  competition,  where  no  such  competition 
actually  exists.  Apparent  competition  has  been  sometimes  secured  by 
more  than  one  bid  by  apparently  different  but  actually  the  same  par- 
ties. If  the  two  bids  submitted  by  the  same  party  were  both  lower  than 
those  submitted  by  other  bidders,  the  lower  bid  would  be  withdrawn  on 


188  Works  Constructed  under  Contract 

account  of  alleged  mistakes,  allowing  the  higher  bid  to  stand  and  thus 
securing  the  contract  at  a  price  greater  than  the  lowest  price  at  which 
the  contractor  was  really  willing  to  undertake  the  work.  This  with- 
drawal of  a  bid  could  be  formerly  accomplished  on  the  common  law 
right  to  withdraw  or  revoke  an  offer  at  any  time  before  its  acceptance. 
To  prevent  such  withdrawal,  bidders,  especially  on  public  works,  are 
now  usually  required  to  accompany  their  proposals  with  certified  checks 
or  bidder's  bonds,  which  they  agree  to  forfeit  if  they  revoke  their  pro- 
posal. 

Where  negotiations  are  carried  out  between  private  parties  and 
responsible  contractors,  the  requirement  for  a  check  or  bond  to  accom- 
pany the  bid  is  seldom  made,  as  in  such  cases  proposals  are  usually 
made  in  good  faith  and  will  be  carried  out  if  accepted. 

Contractors  also  sometimes  agree  among  themselves  on  the  party 
to  whom  the  award  shall  be  made.  The  lowest  bid,  sometimes  at  an 
exorbitant  price,  and  the  contractor  to  submit  it  will  be  agreed  upon, 
and  other  contractors  will  either  withdraw  or  submit  higher  bids  in  or- 
der to  simulate  competition.  Such  combination  can  be  prevented  only 
by  a  knowledge  of  the  real  value  of  the  proposed  work.  These  com- 
binations are  illegal  and,  in  case  of  public  work,  may  in  fact  be  crimi- 
nal. If  they  can  be  proved,  they  will  invalidate  a  contract  so  secured, 
whether  public  or  private. 

Occasionally  competitive  bids  are  invited  only  for  the  purpose  of 
compelling  a  favorite  bidder  to  reduce  his  bid  to  the  lowest  possible 
amount  and  with  no  intention  of  utilizing  the  bids  so  submitted,  except 
as  a  means  of  forcing  the  favorite  bidder  to  reduce  his  bid. 

It  is  evidently  unjust  to  request  proposals  from  bidders  whose  bids 
will  not  actually  be  considered,  and  thus  cause  a  needless  expenditure 
from  which  they  can  receive  no  consequent  possible  benefit.  Any  en- 
gineer or  business  man  pursuing  such  tactics  will  soon  find  himself  in 
ill  repute  among  responsible  contractors  and  his  future  attempts  at 
securing  satisfactory  bids  greatly  embarrassed.  The  engineer  should 
know  no  friends  nor  favorites  among  the  bidders  in  the  letting  of  any 
work  to  be  done  under  his  specifications  and  should  strive  to  award  the 
contract  to  the  lowest  and  best  bidder  in  all  cases. 

§  121.  Restricted  Lettings. — For  private  lettings,  proposals  may 
be  restricted  to  those  persons  or  companies  known  to  be  most  reliable 
or  capable,  and  others  whose  capacity  or  capabilities  may  be  question- 
able may  be  excluded.  Where  the  knowledge  of  those  letting  the  work 
is  sufficient  to  justify  such  discrimination,  such  a  selection  seems  de- 


Restricted  Lettings  189 

sirable,  as  it  greatly  simplifies  the  selection  of  a  responsible  contractor 
and  prevents  a  needless  expenditure  by  those  parties  who  might  other- 
wise desire  to  make  proposals  which  would,  for  the  reason  mentioned, 
receive  no  serious  consideration.  Ethically  only  such  bidders  should 
be  included  in  the  request  for  proposals  as  the  owner  is  willing  to  con- 
sider in  awarding  the  contract. 

To  secure  proposals  which  are  competitive,  they  should  all  be 
based  upon  plans  and  specifications  which  should  be  as  specific  and  in 
as  great  detail  as  practicable,  and  all  available  information  should  be 
furnished  to  each  bidder  alike.  Any  additional  information  that  will 
give  the  advantage  to  any  favored  contractor  is  an  injustice  which 
should  be  strenuously  avoided ;  and  when  such  information  is  furnished 
by  an  official,  without  the  knowledge  of  the  owner,  such  action  is  dou- 
bly dishonest  and  operates  as  an  injustice  not  only  to  other  contrac- 
tors but  also  to  the  owner  who  under  such  conditions  has  not  the  real 
competition  to  which  he  is  justly  entitled.  So  far  as  practicable,  the 
controlling  factor  of  the  letting  should  be  the  lowest  bid.  This  can 
often  be  accomplished  by  making  the  specifications  so  complete  and 
definite  that  other  differences  shall  be  obviated. 

If  any  owner  desires  to  confine  his  purchase  to  a  single  company, 
he  should  inform  himself,  either  directly  or  through  his  engineer,  by 
proper  inquiry  and  investigation  so  that  he  may  feel  that  he  possesses 
the  requisite  knowledge  of  values  to  undertake  negotiations  with  such 
company  without  putting  others  to  needless  expense. 

§  122.  Securing  Low  Bids. — It  is  the  reasonable  desire  of  every 
engineer  and  owner  to  secure  bids  for  the  proposed  work  to  be  let  un- 
der contract  at  as  low  a  figure  as  can  reasonably  be  made,  and  at  the 
same  time  assure  good  material  and  good  work.  To  accomplish  this, 
the  ideas  of  the  parties  who  are  asked  to  undertake  such  work  must 
be  understood  and  appreciated,  and  if  requirements  are  made  which 
are  unnecessary  and  add  to  the  expense  or  increase  the  hazard  and 
consequent  chance  for  extra  expense,  they  should  be  eliminated.  The 
wishes  of  the  contractor  in  these  matters  should  not  be  ignored  but 
should  be  considered  so  far  as  practicable,  for  aside  from  the  question 
of  equity,  there  is  the  question  of  expense,  which  will  always  appeal  to 
the  owner. 

Mr.  Richard  Morey,  of  the  Morey-Faulhaber  Construction  Com- 
pany, expressed  his  ideas  on  how  to  get  low  bids  from  good  contrac- 
tors, in  a  paper  before  the  St.  Louis  Railway  Club,  as  follows : 


190  Works  Constructed  under  Contract 

"1.  Give  full  and  detailed  information  as  to  the  work,  all  dimensions, 
quantities,  classes  of  materials;  everything  that  can  possibly  be  used  to  fig- 
ure costs. 

"2.  Ask  for  bids  on  as  many  units  as  can  be  applied  to  the  work.  This 
may  increase  slightly  the  office  work,  but  it  will  reduce  costs.  To  use 
grading  as  a  simple  example,  a  contractor  will  bid  lower  and  the  work  will 
cost  the  railway  company  less,  if  the  proposals  are  made  so  as  to  separate 
bids  on  excavation  hauled,  excavation  wasted,  embankment  borrowed,  over- 
haul with  a  short  free  haul  and  all  possible  classifications  of  material.  To 
the  contractor  this  means  that  uncertainties  are  reduced  to  one  or  two 
items  and  that  he  will  be  paid  for  just  what  he  does.  To  the  railway  com- 
pany it  means  an  elastic  contract  that  readily  covers  the  inevitable  changes 
of  line  or  plans,  and  that  the  company  pays  for  just  what  it  gets. 

"3.  Rewrite  some  of  the  clauses  in  the  contracts  and  specifications,  par- 
ticularly those  which  applied  to  former  conditions,  but  do  not  fully  cover 
present  ones,  and,  especially,  some  of  them  which  have  grown  from  inter- 
lineations made  f^om  year  to  year  in  your  printed  forms. 

"4.  Recognize  the  relation  between  the  responsibility  of  the  contractor 
and  the  requirements  for  the  bond  and  the  retained  percentage.  At  the  time 
the  contract  is  signed,  and  the  responsibility  of  the  contractor  is  measured  by 
the  full  amount  of  the  contract,  the  railway  company  is  satisfied  with  a  bond; 
later,  as  the  work  is  near  completion  and  parts  of  it  even  in  use,  the  railway 
company  still  has  the  bond  and  also  the  retained  percentage  and  the  con- 
tractor's responsibility  has  become  insignificant. 

"5.  Give  us  as  inspectors  men  whose  knowledge  of  the  work  at  least 
approaches  that  of  our  foremen. 

"6.  Give  us  our  full  quantities  on  our  monthly  estimates  and  then  see 
to  it  that  the  vouchers  made  to  cover  those  estimates  move  promptly  through 
the  auditor's  office  to  the  treasurer."  » 

§  123.  Suggestions  of  American  Society  of  Engineering  Con- 
tractors.— A  committee  of  this  society  submitted  a  report  in  January, 
1913,  in  which  the  following  desirable  requirements  for  public  con- 
tracts were  expressed : 

"1.  The  committee  thinks  it  impossible  to  submit  a  complete  form  to 
cover  all  phases  of  all  engineering  contracts,  but  a  work  of  much  value  can  be 
done  by  adopting  some  general  principles  and  formulating  them  so  that  they 
may  be  made  a  part  of  substantially  every  contract. 

"2.  Every  condition,  of  whatsoever  character,  by  which  the  parties  are  to 
be  bound  should  be  submitted  to  bidders  as  part  of  the  specifications  on  which 
they  bid.  The  contract  to  be  signed  should  be  annexed  to  the  specifications. 
In  this  way  the  bidder  is  not  liable  to  be  surprised  by  new  conditions 
appearing  in  the  contract  submitted  for  his  signature  after  his  bid  has  been 
made  and  accepted. 

"3.  The  greatest  vice  of  contracts  is  uncertainty.  In  adopting  any  form 
of  contract  or  specifications  every  effort  should  be  made  to  secure  exactness 
of  definition  of  the  rights  and  duties  of  both  parties. 


9  Prom  the  "Proceedings  of  the  St.  Louis  Railway  Club.' 


Desirable  Requirements  191 


"4.  Recognizing  the  impossibility  of  foreseeing  every  emergency,  some 
authority  must  be  devised  for  the  determination  of  either  unexpected  physi- 
cal conditions  or  unforeseen  ambiguities  in  the  contract. 

"5.  The  first  requisite  to  this  is  promptness,  so  that  the  work  may 
proceed.  This  doubtless  requires  that  all  disputed  questions  shall  be  pri- 
marily settled  by  the  engineer  present  on  the  work. 

"6.  While  the  engineer  is  the  best-fitted  person  to  reach  a  prompt  de- 
cision, his  relation  to  the  owner  unfits  him  for  an  impartial  decision. 
There  must,  therefore,  be  some  provision  for  an  appeal  to  an  impartial 
tribunal  and  final  settlement  of  all  disputes  by  it. 

"7.  Disputes  should,  as  far  as  possible,  be  settled  as  the  contract 
progresses,  so  that  the  parties  can  know  how  they  stand.  To  this  end 
all  matters  of  dispute  should  be  reduced  promptly  to  writing  and  all  appeals 
from  the  engineer's  decisions  should  be  promptly  taken. 

"8.  Each  party  should  assume  full  responsibility  for  his  own  share  of 
the  contract. 

"9.  This  involves  the  assumption,  by  the  owner,  of  responsibility  for 
the  local  conditions  and  for  the  borings  or  other  explorations  of  the 
site.  The  contractor  should  bid  on  guaranteed  local  conditions,  with  an 
increase  or  reduction  of  price  for  variations  from  these.  The  locality  belongs 
to  the  owner,  and  the  contractor  should  not  be  obliged  to  gamble  on  it. 

"10.  The  principle  also  requires  that  a  contract  should  not  both  provide 
the  exact  details  of  construction  and  guarantee  the  result.  If  the  con- 
tractor is  to  do  the  work  according  to  exact  plans)  furnished  him  by  the 
owner,  the- owner  should  take  the  responsibility  for  the  result.  If  the  con- 
tractor guarantees  the  result,  he  should  be  free  to  adopt  his  own  methods 
of  construction. 

"11.  The  contractor,  especially  when  bound  by  a  time  limit,  should 
be  given  the  utmost  freedom  as  to  the  order  and  manner  of  doing  the 
prescribed  work. 

"12.  Definite  provision  should  be  made  for  the  assertion,  in  writing, 
of  demands  made  by  either  party  varying  from  the  normal  contract  price. 
The  contractor  should  give  prompt  notice  of  a  claim  for  extras  and  the 
owner  of  a  claim  for  a  decrease  or  for  the  assessment  of  damages. 

"13.  Some  rule  should  be  prescribed  for  the  owner's  protection  in  case 
of  delay  on  the  contractor's  part,  either  by  a  right  to  annul  the  contract 
or  to  take  over  the  work,  in  whole  or  in  part,  or  to  deduct  actual  or  liquidated 
damages.  The  subject  is  one  of  great  difficulty  and  needs  most  careful 
consideration. 

"14.  The  contractor  should  be  protected  from  loss  by  delay  of  the  owner 
or  the  owner's  other  contractors,  and  provision  made  for  settling  such  losses 
without  suit  where  possible. 

"15.  What  is  the  proper  amount  of  retained  percentages?  What  should 
be  the  maximum  part  of  the  contract  price  to  be  retained  until  final 
payment?  Differences  of  opinion  should  be  adjusted  and  a  uniform  rule 
adopted. 


192  Works  Constructed  under  Contract 

"16.  Material  men  insist  that  the  contract  bond  should  provide  for  pay- 
ment for  materials  and  labor.  This  leads  to  greater  security  to  the  material 
men  and  consequently  lower  prices.  But  it  is  an  unnecessary  cost  to  con- 
tractors of  established  credit.  This  subject  needs  the  views  of  both  sides. 

"17.  Some  contractors  and  engineers  maintain  that  the  contract  condi- 
tions should  be  as  brief  as  possible.  Your  committee  believes  that  all  sub- 
jects which  experience  has  shown  may  produce  conflict  should  be  definitely 
disposed  of  by  the  provisions  fixed  in  the  contract,  even  if  this  extends  its 
length. 

"18.  After  every  effort  has  been  made  to  avoid  all  uncertainty  in  the 
contract  and  to  settle  all  disputes  as  they  arise,  some  honest  differences  of 
opinion  as  to  the  rights  of  the  parties  may  persist  to  the  end  of  the  con- 
tract. The  final  settlement  of  uncontested  matters  should  be  made  without 
prejudice  to  the  right  of  the  contractor  to  recover  disputed  claims  in 
the  courts.  It  has,  unfortunately,  become  too  common  to  declare  that  on 
final  payment  the  contractor  shall  sign  a  release  of  all  claims  arising 
out  of  the  contract.  This  is  a  one-sided  and  dishonest  provision.  When 
payment  is  earned  by  a  fulfillment  of  the  contract,  it  ought  not  to  be  denied 
because  the  contractor  believes  that  he  is  entitled  to  more,  nor  should  he 
be  forced  by  necessity  to  waive  access  to  the  courts  to  correct  wrongs  done 
him  in  the  course  of  his  contract." 

The  report  further  referred  to  various  forms  of  contract  drawn  by 
definite  authorities,  including  the  Royal  Institute  of  British  Architects 
and  the  American  Institute  of  Architects,  commending  these  forms  in 
many  respects,  but  added: 

"One  general  remark  may  be  made  in  regard  to  nearly  all  such  forms — 
that  they  have  been  generally  prepared  by  persons  representing  owners,  such 
as  architects  and  engineers,  and  that,  however  fair  their  intention,  the 
inevitable  tendency  has  been  to  protect  the  owner's  rights  at  the  cost  of  the 
the  contractor's." 

§  124.  Further  Suggestions. — In  1904  various  engineers,  man- 
ufacturers, contractors  and  material  men,  met  in  Gulfport,  Missis- 
sippi, to  organize  the  American  Public  Works  Association,  and 
among  other  things  adopted  the  following  as  the  basis  which  in  their 
opinion  should  underlie  the  making  of  public  contracts : 

"1.  When  state  or  municipal  statutes  conflict  with  association  rules 
the  latter  shall  be  waived. 

"2.  When  work  is  done  on  a  percentage  basis,  security  should  be  given 
to  guarantee  estimate  and  faithful  performance  of  the  work. 

"3.  Designing  engineer  shall  not  compete  for  work  advertised  to  be 
let  under  his  plans  and  specifications. 

"4.  No  bids  shall  be  asked  until  money  to  pay  for  the  work  has  been 
provided. 

"5.  Bids  shall  be  opened  and  read  in  public. 

"6.  No  bids  shall  be  submitted  after  time  named  in  advertisement. 


Suggestions  for  Public  Contracts  193 

"7.  No  bids  shall  be  withdrawn  after  time  set  for  opening  of  bids. 

"8.  Illegibility,    or   ambiguity,    shall   invalidate   a   bid. 

"9.  Bidders  shall  not  be  permitted  to  change  prices  stated  in  bid. 

"10.  Bids  shall  state  specifically,  make  of  apparatus  or  machinery  pro- 
posed, and  same  shall  be  specified  in  contract. 

"11.  When  all  bids  are  rejected  new  bids  shall  not  be  made  on  the 
same  specifications  without  readvertising. 

"12.  The  amount  of  certified  check  required  shall  be  stated  in  ad- 
vertisement calling  for  bids. 

"13.  Bid   bonds  may   be  substituted   for   certified  checks. 

"14.  Checks  or  bid  bonds  shall  be  returned  to  all  but  successful  bidder 
as  soon  as  award  of  contract  is  made. 

"15.  Award  of  contract  shall  be  made  within  thirty  days  after  bids 
have  been  opened  or  checks  returned  to  bidders. 

"16.  Bond  shall  not  exceed  25  per  cent  of  contract  price. 

"17.  Twenty  days  shall  be  allowed  contractor  in  which  to  furnish  a 
satisfactory  bond. 

"18.  In  event  of  discrepancies  between  the  drawings  and  specifications 
decision  of  the  engineer  shall  be  final. 

"19.  All  instructions  regarding  work  shall  be  given  by  the  engineer  or 
his  assistants. 

"20.  Extra  work  shall  only  be  done  on  written  order  of  engineer  when 
authorized  by  contractee  at  a  price  to  be  agreed  upon. 

"21.  In  deducting  material  not  required  only  the  value  of  same  shall  be 
deducted. 

"22.  Changes  in  construction  shall  not  be  made  to  lessen  quantities  of 
material  in  transit  or  in  process  of  manufacture  unless  contractor  be  paid 
for  all  actual  loss  occasioned. 

"23.  When  a  specific  make  of  machinery  or  apparatus  is  specified  in 
contract  same  shall  be  furnished  in  accordance  with  manufacturer's  plans 
and  specifications  submitted  with  bid. 

"24.  Engineer  or  his  authorized  assistants  shall  at  all  times  have  access 
to  the  work  and  materials  for  purpose  of  inspection,  and  have  notice  of  con- 
cealed work  before  it  is  covered. 

"25.  In  event  of  emergency  work  contractor  shall  notify  engineer  and 
engineer  shall  furnish  inspector. 

"26.  Work  done  in  regular  progress  of  the  contract  and  ordered  torn 
down  for  purpose  of  inspection,  if  found  to  be  in  accordance  with  the  speci- 
fications, shall  be  at  the  cost  of  contractee. 

"27.  Engineer  shall  give  written  notice  to  contractor  when  work  or  ma- 
terial has  been  rejected. 

"28.  Monthly  estimate  shall  be  made  on  or  before  the  fifth  day  of  each 
month. 

"29.  Monthly  estimate  shall  be  based  on  the  contract  price  and  shall 
include  all  material  delivered  and  labor  performed. 

"30.  Ten  per  cent  of  monthly  estimate  shall  be  retained  by  contractee 
until  work  is  completed. 


194  Works  Constructed  Under  Contract 

"31.  Time  shall  be  allowed  contractor  for  delay  caused  by  strikes,  acci- 
dents or  other  causes  beyond  his  control. 

"32.  When  work  is  completed  engineer  shall  accept  or  reject  same  within 
a  reasonable  time. 

"33.  Contractor  is  released  from  all  future  responsibility  when  con- 
tractee  takes  possession  of  plant,  whether  settlement  has  been  made  or  not, 
unless  otherwise  agreed." 

During  the  participation  of  the  United  States  in  the  world's  war, 
the  cost  of  labor,  material,  transportation,  and  other  expenses  greatly 
increased.  In  many  cases  contracts  entered  into  previous  to  that 
period  caused  heavy  losses,  and  the  cost  of  work  undertaken  during 
and  subsequent  to  that  period  became  so  uncertain  that  few  contracts 
could  be  made  except  on  the  basis  of  cost  plus  a  fixed  sum,  cost  plus 
a  percentage,  or  on  some  other  basis  which  would  eliminate  the  un- 
certainties resulting  from  varying  costs  caused  by  high  prices  and  the 
shortage  of  labor  and  materials. 

As  a  result  of  a  study,  during  the  year  1919  of  113  different 
forms  of  contracts  of  various  types,  the  committee  on  contracts  of  the 
Associated  General  Contractors  of  America  has  approved  16  provi- 
sions which  it  recommends  be  included  in  every  contract  made  by 
members  of  the  Associated  General  Contractors.* 

The  1 6  provisions  recommended  are  as  follows : 

1.  Action  on  bids.     Bids  should  be  submitted  with  the  provision  that 
they  must  be  acted  upon  within  a  reasonable  time. 

2.  Freight  rate  changes.    Bids  should  be  submitted  on  the  basis  of  ex- 
isting freight  rates,  with  the  provision  that  in  case  a  change  in  rates  should 
occur  between  the  time  bids  are  received  and  the  date  fixed  for  the  com- 
pletion of  the  contract,  the  contract  price  should  be  increased  or  decreased 
accordingly. 

3.  Wage  scale  changes.     Bids  should  be  stated  and  be  submitted  on 
existing  wage  rates,  with  the  provision  that  the  contract  price  shall  be 
increased  or  decreased  in  accordance  with  any  change  in  such  rates  before 
the  date  fixed  for  the  completion  of  the  contract. 

4.  Material  price  changes.     Bids  should  be  submitted  on  the  basis  of 
existing  prices  for  material  f.  o.  b.  the  producer's  plant  or  distributor's 
yard,  with  the  provision  that  the  contract  price  shall  be  increased  or  de- 
creased in  accordance  with  any  change  in  such  price  that  takes  place  within 
the  time  allowed  the  contractor  to  purchase  and  fabricate  his  material. 

5.  Monthly  estimates.    Monthly  estimates  should  include  materials  de- 
livered and  suitably  stored  as  well  as  materials  incorporated  in  the  work. 

6.  Partial  payment.     Certificates  should  be  prepared  and  delivered  to 
the  contractor  between  the  first  and  the  tenth  day  of  each  month,  showing 
the  proportionate  parts  of  the  contract  price  earned  during  the  preceding 
month.     These  certificates  should  be  paid  by  the  owner  by  the  10th  day 


:See  Eng.  News-Rec.,  Vol.  84,  p.  1119. 


Suggestions  for  Contracts  195 

of  the  month.    Interest  on  the  first  payment  should  be  made  the  contractor 
at  the  prevailing  rates. 

7.  Contractor's  right  to  stop  work.     Under  the  following  conditions, 
the  contractor  should  have  the  right  to  stop  work  or  terminate  the  contract 
upon  three  days'  written  notice  to  the  owner  and  the  architect,  and  recover 
from  the  owner  payment  for  all  work  executed  and  any  loss  sustained  upon 
any  plant  or  material,  and  reasonable  profit  and  damages; 

(a)  If  the  work  should  be  stopped  under  an  order  of  any  court,  or 
other  public  authority,  for  a  period  of  three  months,  through  no  act  or 
fault  of  the  contractor,  or  anyone  employed  by  him; 

(b)  If  the  architect  or  engineer  should  fail  to  issue  the  monthly  cer- 
tificate for  payment  in  accordance  with  the  terms  of  the  contract; 

(c)  If  the  owner  should  fail  to  pay  the  contractor,  within  seven  days 
of  its  maturity  and  presentation,  any   sum  certified  by  the  architect  or 
engineer  or  awarded  by  arbitration; 

(d)  If  the  owner  does  not  permit  the  contractor  to  proceed  with  con- 
struction within  a  reasonable  time  after  signing  the  contract. 

8.  Retained  percentage.     The  retained  percentage  should  be  based  on 
100  per  cent  of  the  work  performed  and  should  never  exceed  10  per  cent. 
When  the  amount  retained  reaches  a  total  sum,  which  shall  be  mutually 
agreed  upon  by  the  owner  and  the  contractor,  no  further  reduction  from 
payment  should  be  made. 

9.  Surety  bond.    When  a  surety  bond  is  given,  it  should  be  reduced  at 
agreed  intervals  so  as  to  cover  thereafter,  only  that  portion  of  work  left 
uncompleted. 

10.  Penalty  clauses.     Whenever  any  provision  is  incorporated  in  the 
contract  for  a  penalty  against  the  contractor   (including  liquidated  dam- 
ages) ,  there  should  also  be  inserted  a  provision  for  a  bonus  of  like  amount. 

11.  Act  of  God  or  a  public  enemy.    The  contractor  should  not  be  held 
liable  for  results  arriving  from  the  act  of  God  or  a  public  enemy. 

12.  Time  allowed  for  completion  of  work.     The  time  allowed  for  the 
completion  of  the  work  should  be  based  on  "weather-working"  days  instead 
of  on  elapsed  time  and,  if  necessary,  allowance  should  'be  made  for  time 
spent  in  performing  unproductive  work,  made  necessary  by  flood  or  other 
natural  causes  beyond  the  control  of  the  contractor. 

13.  Inspection.    Where  practicable,  material  should  be  inspected  at  the 
source  so  that  possible  delay  may  not  result  from  the  rejection,  at  the  site 
of  the  work,  from  material  furnished  in  good  faith  to  the  contractor. 

14.  Force  account  work.     Payment  for  force  account  work  should  be 
made  on  the  basis  of  the  total  actual  profit  of  the  work,  including  the  ac- 
tual labor  and  material  cost,  rental  on  equipment,  liability  insurance,  etc., 
plus  a  reasonable  percentage  to  cover  overhead  and  profit,  total  to  be  not 
less  than  15  per  cent. 

15.  Change  in  quantities.     In  case  the  actual  quantity  of  any  item  in 
a  unit  price  contract  is  less  than  the  estimated  quantity  by  more  than  a 
certain  fixed  per  cent,  the  unit  price  paid  the  contractor  for  that  item 
should  be  increased  by  an  amount  to  be   agreed  upon.     Similarly,  a  de- 
crease in  the  unit  prices  should  be  made  in  case  the  quantity  is  increased 
over  the  estimate  by  more  than  a  certain  fixed  per  cent. 


196  Works  Constructed  Under  Contract 

16.  Arbitration.  In  no  case  should  the  engineer  or  architect  be  made 
the  final  judge  as  to  the  interpretation  of  the  drawings  and  specifications 
or  the  performance  of  the  contract.  All  decisions  and  interpretations 
should  be  subject  to  prompt  arbitration  at  the  choice  of  either  party  to 
dispute. 

§  125.  Rights  of  the  Contractor. — The  suggestions  made  in  the 
previous  section,  representing  the  point  of  view  of  the  contractor  in 
regard  to  the  principles  that  should  be  observed  in  the  preparation  and 
in  the  letting  of  contracts  for  public  works,  should  receive  due  consid- 
eration by  engineers  and  others  who  are  connected  with  such  work.  It 
would  seem  to  all  who  are  familiar  with  contracts  for  public  works 
that  much  injustice  is  commonly  imposed  on  contractors  by  the  forms 
of  contracts  ordinarily  prepared.  It  is  often  unconsciously  assumed 
that  the  only  one  to  be  considered  in  the  preparation  of  a  contract  is 
the  public  or  owner,  and  that  the  engineer  must  guard  their  interests  in 
every  way,  with  just  as  little  thought  for  the  interests  of  the  party  of 
the  second  part,  who  must  take  up  the  real  burden  of  practical  construc- 
tion, as  is  possible  without  driving  contractors  from  the  field. 

These  unjust  covenants  have  been  used  so  long  in  the  making  of 
contracts  that  they  are  copied,  rewritten  and  strengthened,  frequently 
without  realization  of  the  fundamental  inequity  involved,  and  with  a 
strong  conviction  that  they  are  essential  to  properly  protect  the  public 
or  the  owners,  and  sometimes  perhaps  to  show  that  the  engineer  or 
attorney  has  the  welfare  of  his  client  properly  conserved. 

It  is  true  that  the  party  letting  the  work  may  word  the  contract 
as  he  will,  and  that  any  injustice  he  may  desire  to  inflict,  if  within  the 
law,  may  be  included  if  contractors  can  be  found  to  accept  such  a  con- 
tract. Unjust  provisions  commonly  and  rightfully  add  to  the  cost  of 
the  work  and  the  owner  is  often  unduly  taxed  for  unfair  and  unneces- 
sary requirements  inserted  in  the  contract  by  the  engineer  or  attorney, 
which  add  nothing  to  the  owner's  protection  or  to  the  value  of  the 
work. 

While  it  is  true  that  contractors  may  exercise  their  option  as  to 
whether  or  not  they  will  submit  bids  at  a  public  letting,  it  is  also  true 
that  with  large  overhead  expenses  for  equipment,  plant  and  permanent 
staff,  they  are  frequently,  for  financial  reasons,  practically  forced  to 
submit  to  arbitrary  and  unjust  exactions  rather  than  to  remain  idle. 
They  are  therefore  not  altogether  free  agents  in  these  matters. 

Honest  contractors  frequently  complain  that  contractors  as  a  class 
are  regarded  as  dishonest  and  unscrupulous,  especially  by  the  young 
and  inexperienced,  and  that  unjust  contracts  are  the  result  of  this  false 


Rights  of  the  Contractor  197 

conception.  This  is  possibly  true,  and  if  so  is  unfortunate ;  but  every 
experienced  man,  whether  engineer  or  contractor,  knows  that  there 
are  men  in  every  walk  of  life,  in  every  business  and  in  every  profes- 
sion who  are  bound  only  by  their  legal  obligations  and  give  little  or  no 
thought  to  ethical  and  moral  obligations.  There  are  unfortunately 
others  who  will  go  even  further  than  this,  and  who  will  pursue  dis- 
honest and  illegal  methods  of  securing  business  advantages,  even  with 
the  chances  of  serious  legal  punishment. 

Connected  with  engineering  and  architectural  works  are  not  only 
the  engineer  and  contractor,  but  the  client,  owner,  inspector,  the  me-« 
chanic  and  laborer,  and  in  public  work,  the  politician  and  sometimes 
many  undesirable  characters  who  draw  their  living  from  the  public 
purse. 

All  classes  of  men  possess  quite  similar  characteristics;  some  of 
every  class  possess  honor,  integrity,  experience  and  ability,  while  oth- 
ers are  dishonest,  inexperienced  and  incompetent.  Some  are  depend- 
able, some  tricky,  and  these  characteristics  are  possessed  in  various 
degrees  and  are  manifested  in  various  ways.  No  business  or  profes- 
sion has  a  monopoly  on  either  the  desirable  or  the  undesirable  traits, 
and  the  men  who  follow  the  profession  of  engineering  and  the  business 
of  contracting  are  no  exception  to  the  rule. 

The  men  who  contract  for  engineering  and  architectural  works 
are,  as  a  class,  men  of  experience  and  ability  whose  close  contact  with 
the  details  of  construction  has  given  them  usually  a  more  exact  and 
more  definite  knowledge  of  means  and  methods  than  that  possessed  by 
the  engineer.  As  they  usually  devote  their  time  to  some  particular 
line  of  work,  they  frequently  become  specialists  whose  services  can  be 
utilized  to  great  advantage.  There  are  also  others,  novices  in  the  busi- 
ness, sometimes  ignorant  and  uninformed,  who  desire  to  enter  the  con- 
tracting field,  ready  to  assume  any  risk  for  the  purpose  of  experience 
and  possible  profit. 

The  actions  of  men  are  not  only  modified  by  their  experience  and 
integrity,  but  their  point  of  view  is  also  frequently  modified  by  condi- 
tions which  play  an  important  part  in  their  action.  The  contractor  who 
has  secured  and  is  carrying  out  a  profitable  contract  may  act  in  a  very 
different  manner  when  he  has  undertaken  a  losing  contract.  In  the 
first  case  he  may  be  generous,  obliging  and  conscientious ;  in  the  latter 
case,  close,  technical  and  perhaps  more  or  less  unjust  and  possibly  un- 
scrupulous. The  desire  to  protect  himself  from  losses  more  or  less 
serious,  may  make  an  entire  change  in  his  feelings,  actions,  and  point 
of  view. 


198  Works  Constructed  Under  Contract 

The  engineer  whose  plans  and  specifications  are  well  prepared  and 
complete,  who  has  fully  covered  all  emergencies  in  the  plans  and  con-- 
tract provisions  he  has  prepared,  may  be  fair,  just  and  considerate.  If 
his  plans  or  specifications  are  in  error  or  incomplete  and  his  reputation 
for  ability  is  at  stake,  he  may  become  unfair  and  unjust  and  may  be 
willing  to  sacrifice  others  financially  to  protect  himself  and  cover  up  his 
mistakes. 

It  is  the  common  assumption  in  most  contracts  that  the  engineer 
is  the  arbiter  who  stands  between  the  two  parties  to  the  contract,  and 
will  adjust  fairly  and  equitably  all  disputes  which  may  arise  in  the 
premises.  This  assumption  may  be  made  a  legal  obligation  when 
agreed  to  by  both  parties,  and  will  be  maintained  by  the  courts  within 
rather  wide  limits  if  this  function  is  exercised  with  reasonably  good 
faith. 

That  the  engineer  is  a  disinterested  party  from  whom  perfect  jus- 
tice can  be  expected  under  all  conditions  is,  to  a  considerable  extent,  a 
legal  fiction.  All  men  are  prejudiced  by  their  relations  and  consequent 
point  of  view,  regardless  of  their  personal  inclination  and  desire  to  ren- 
der substantial  justice.  No  engineer  employed  by  an  owner,  in  con- 
stant communication  with  him  and  acting  as  his  personal  agent  in  deal- 
ings with  the  contractor,  can  have  a  perfectly  unbiased  view  point  in 
regard  to  the  questions  which  arise  and  which  he  is  required  to  arbi- 
trate and  decide,  especially  if  such  matters  are  largely  discretionary 
and  rest  purely  on  judgment.  Usually  the  very  points  to  be  decided 
are  raised  between  the  contractor  and  the  engineer  before  his  clients 
know  that  any  difference  actually  exists,  and  the  engineer  is  commonly 
too  close  to  the  work  to  always  obtain  a  proper  perspective  concerning 
the  questions  at  issue.  The  different  points  of  view  frequently  give 
rise  to  perfectly  honest  differences  in  opinion  between  the  engineer 
and  contractor,  and  frequently  involve  unfriendly  relations  which  color 
every  question  which  may  arise.  The  whole  question  becomes  quite  a 
different  one  if  judgment  and  discussions  are  eliminated  and  the  con- 
trol of  the  engineer  is  confined  to  technical  findings  which  are  based 
on  comprehensive  plans  and  explicit  contracts  and  are  susceptible  of 
only  one  interpretation. 

With  these  conditions  in  view,  it  is  folly  to  assume  that  depend- 
ence can  be  placed  on  the  good  faith  of  the  parties,  to  any  considerable 
extent,  in  the  making  of  contracts.  It  is  desirable  in  all  business  affairs 
to  avoid  relations  with  men  who  are  lacking  in  ethical  and  moral  prin- 
ciples, especially  with  those  who  are  unquestionably  dishonest  in  their 


Rights  of  the  Contractor  199 

dealings.  The  possession  or  lack  of  these  qualities  is  seldom  obvious, 
and  it  is  quite  impossible  to  avoid  all  business  relations  with  all  parties 
having  objectionable  tendencies.  Good  faith  and  confidence  should 
have  little  place  in  the  preparation  of  a  contract,  but  justice  and  equity 
should  be  its  foundation.  Neither  party  to  the  contract  should  be  com- 
pelled to  depend  on  the  good  faith  of  the  other  or  of  the  engineer  tu 
any  greater  degree  than  is  absolutely  necessary.  This  requires  that 
the  contract  be  clear,  explicit,  definite,  exact,  complete  and  fair,  and 
that  every  doubtful  question  should  be  eliminated,  so  far  as  possible. 

§  126.  The  Arbitration  of  Disputes. — The  engineer  and  archi- 
tect must  always  exercise  certain  judicial  functions  in  the  interpretation 
of  the  covenants  of  a  contract  in  order  that  the  work  may  promptly  pro- 
ceed without  needless  delays  for  adjustment  and  litigation.  These 
points,  where  these  functions  must  be  exercised  should,  however,  be 
reduced  to  a  minimum  by  the  completeness  of  the  plans  and  the  defin- 
iteness  of  the  specifications.  Matters  of  engineering  judgment  must 
be  left  to  the  engineer.  He  is  the  proper  person  to  determine  whether 
the  contractor  has  furnished  proper  material  and  has  done  proper  work 
under  the  terms  of  the  contract,  and  this  judgment  requires  the  ex- 
ercise of  technical  knowledge,  fairness  and  common  sense.  The  neces- 
sity for  the  exercise  of  judicial  functions  in  the  legal  sense  of  the  term, 
should  be  eliminated  as  far  as  practicable.  The  engineer  should  be  em- 
powered to  make  decisions  which  will  permit  the  expeditious  comple- 
tion of  the  work,  but  such  decisions  should  be  subject  to  appeal,  to 
expert  arbitration  or  to  court  review.  Some  advance  toward  this  end 
has  been  made  in  England.  The  Council  of  the  Institution  of  Mu- 
nicipal and  County  Engineers,  at  the  request  of  The  National  Federa- 
tion of  Building  Trades  Employers  of  Great  Britain,  has  recommended 
the  use  of  the  following  clauses  by  the  members : 

"In  case  any  dispute  or  difference  shall  arise  between  the  Council,  or 
the  engineer  on  their  behalf,  and  the  contractor,  either  during  the  progress 
of  the  works  or  after  the  determination,  abandonment,  or  breach  of  the  con- 
tract, 

"(1)  As  to  the  construction  of  the  contract, 

"(2)  Or  as  to  any  matter  or  thing  arising  thereunder; 

"[Except  as  to  the  matters  referred  to  in  the  undermentioned  clauses 

'a  to  .    .    .',  all  of  which  shall  be  left  to  the  sole  discretion  or  decision  of  the 

engineer,  viz.:  — 

"(a)  As  to  the  provision  of  everything  necessary  for  the  proper  execu- 
tion of  the  works,  etc. 

"(b)  As  to  the  amendment  of  errors  arising  from  inaccurate  setting 
out  of  works. 


200  Works  Constructed  Under  Contract 

"(c)  As  to  the  quality  of  materials  and  workmanship. 

"($)  As  to  the  competency  of  the  general  foreman  on  the  works. 

"(e)  As  to  the  competency  or  conduct  of  any  person  employed  on  the 
works  by  the  contractor. 

"(/)  As  to  the  measurement  and  valuation  of  extra  work  and  variations, 
or  the  mode  of  ascertaining  the  amount  to  be  allowed  for  extra  work  and 
variations. 

"(#)  As  to  the  rejection  and  removal  of  work  and  materials  not  in 
accordance  with  the  specification  or  the  instructions  of  the  engineer,  and  the 
substitution  of  other  work  and  materials  therefor,  and  all  other  matters 
referred  to  in  this  clause. 

"(h)  As  to  defects  or  faults  which  may  appear  in  the  works  after  com- 
pletion. 

"(i)  As  to  the  opening  of  work  for  inspection. 

"(;')  As  to  the  date  when  the  works  are  completed. 

"(fc)  As  to  the  execution  of  works  having  been  delayed  by  inclement 
weather  and  other  causes. 

"(Z)  As  to  the  carrying  on  of  the  works  with  due  diligence,  etc.,  etc. 

"(m)  As  to  the  expenditure  of  provisional  sums. 

"(n)  As  to  the  issuing  of  certificates  relating  to  payments  to  the  con- 
tractor. 

"Also,  except  as  to  the  matters  referred  to  in  the  under-mentioned  clauses 
numbered  'A  to  .  .  .',  all  which  shall  be  left  to  the  sole  discretion  or  deci- 
sion of  the  council: — 

"(A)  As  to  the  assignment  or  sub-letting  of  any  portion  of  the 
works. 

"(B)   As  to  the  determination  of  the  contract  by  the  council." 

"These  are  intended  as  illustrations  of  the  matters  which  engineers  may 
wish  to  deal  with  themselves,  or  may  wish  their  councils  to  deal  with,  in- 
stead of  allowing  them  to  be  submitted  to  arbitration.  Each  engineer  can 
insert  in  this  part  of  the  clause  whatever  matter  he  desires  to  exclude  from 
arbitration. 

"(3)  Or  as  to  the  withholding  by  the  engineer  of  any  certificate  to 
which  the  contractor  may  claim  to  be  entitled,  either  party  shall  forthwith 
give  to  the  other  written  notice  of  such  dispute  or  difference,  and  such 
dispute  or  difference  shall  be  and  is  hereby  referred  to  the  arbitration  and 
final  decision  of  a  person  to  be  appointed,  on  the  request  of  either  party, 
by  the  president  for  the  time  being  of  the  Institution  of  Municipal  and 
County  Engineers,  and  the  award  of  such  arbitration  shall  be  final  and 
binding  upon  the  parties.  Such  reference,  except  of  the  question  of  certificate, 
shall  not  be  opened  until  after  the  completion,  or  alleged  completion,  of 
the  works,  unless  with  the  written  consent  of  the  council,  or  the  engineer, 
and  the  contractor.  The  arbitrator  shall  have  power  to  open  up,  review,  and 
revise  anyi  certificate,  opinion,  decision,  requisition  or  notice,  save  in  regard 
to  the  said  matters  in  dispute  which  shall  be  submitted  to  him,  and  of  which 
notice  shall  have  been  given  as  aforesaid,  in  the  same  manner  as  if  no  such 
certificate,  opinion,  decision,  requisition  or  notice  had  been  given.  Upon 
every,  or  any  such  reference,  the  cost  of  and  incidental  to  the  reference  and 


Arbitration  201 

award  respectively  shall  be  in  the  discretion  of  the  arbitrator,  who  may  de- 
termine the  amount  thereof,  or  direct  the  same  to  be  taxed  as  between  solic- 
itor and  client,  or  as  between  party  and  party,  and  shall  direct  by  whom  and 
in  what  manner  the  same  shall  be  borne  and  paid.  This  submission  shall  be 
deemed  to  be  a  submission  to  arbitration  within  the  meaning  of  the  Arbitra- 
tion Act,  1899: 

"Provided  always  that  this  clause  shall  not  apply  to  any  contract, 
the  total  original  amount,  sum,  or  value  of  which,  exclusive  of  any  extras 
or  additions,  is  less  than  one  thousand  pounds  or  to  any  difference  or  dis- 
putes which  in  connection  with  any  one  contract  shall  involve  a  total  amount, 
sum,  or  value  of  less  than  fifty  pounds,  in  either  of  which  two  events  all 
matters  arising  out  of  the  contract  and  any  difference  or  dispute  shall  be  in 
the  sole  judgment  and  discretion  of  the  engineer,  whose  decision  shall  be 
final  and  binding  on  all  parties  and  without  appeal."  no 

§  127.  Progress  of  Arbitration. — The  equity  of  including  arbi- 
tration clauses  in  construction  contracts  is  becoming  more  widely  recog- 
nized each  year.  The  American  Institute  of  Architects  has  for  a  num- 
ber of  years  suggested  a  form  of  contract  which  in  its  later  form 
(1915)  at  least  provides  for  arbitration  of  all  matters  in  dispute.  A 
covenant  for  the  arbitration  of  disputes  was  embodied  in  a  uniform 
building  contract,  adopted  in  1911  by  a  committee  representing  the 
Chicago  Architects'  Business  Association,  the  Western  Society  of  En- 
gineers, and  several  local  associations  of  manufacturers  and  contractors 
in  the  building  industry.  This  contract  authorizes  the  architect  to  de- 
cide disputes  between  owners  and  contractors ;  but  provides  that  if 
either  party  dissent  from  this  decision  the  matter  must  be  submitted  to 
a  board  of  arbitration,  two  of  whom  shall  represent  the  owner  and  con- 
tractor, respectively,  and  the  third  to  be  selected  and  named  in  the 
contract. 

The  matter  of  including  an  arbitration  clause  in  engineering  con- 
tracts has  received  considerable  discussion,  and  such  clauses  have  been 
used  in  numerous  cases.  That  this  will  be  the  general  practice  in  the 
near  future  seems  inevitable.  Surely  the  engineering  profession  with 
its  generally  well  established  reputation  for  honesty  and  fairness  will 
soon  recognize  the  justice  of  such  a  provision  and  will  welcome  its 
adoption.  From  the  individual  standpoint,  the  relief  from  determining 
disputes  on  matters  on  which  a  personal  bias  must  be  recognized  by 
every  fair  minded  man,  should  be  welcome,  for  such  a  provision  can  in 
no  way  be  regarded  as  a  reflection  on  the  honor  or  competency  of  the 
engineer. 


10  Engineering  Record,  July  27,  1912.,  Vol.  66,  p.  100. 


202  Works  Constructed  Under  Contract 


LITERATURE 

The  Responsibility  of  the  Engineering  Profession  for  the  Conduct  of  Pub- 
lic Contracts,  by  Major  Cassius  E.  Gillette.  Eng.  News,  Vol.  57,  p.  587. 

How  to  Draw  Specifications  which  will  Shut  out  Competition  and  Make 
Certain  the  Award  of  the  Contract  to  a  Favored  Bidder.  Eng.  News,  Vol.  54, 
p.  602. 

A  Proposed  Law  to  Prevent  Collusion  and  Graft  in  the  Letting  of  Public 
Contracts.  Abstract  of  paper  before  Am.  Soc.  Eng.  Cont.,  by  C.  E.  Gillette 
outlining  proposed  New  Legislation  in  Philadelphia.  Eng.  News,  Vol.  66, 
p.  744. 

Combinations  among  Contractors.  Discussion  of  legal  and  moral  rights 
of  contractors  in  combinations.  Editorial  Eng.  News,  Vol.  34,  p.  345. 

Loose  Specifications  and  Dishonest  Contracts.  Editorial  Eng.  News,  Vol. 
60,  p.  368. 

Validity  of  Contracts  Covering  Alternative  or  Otherwise  Uncertain  Bids. 

Discussion  of  legality  of  allowing  alternative  material  in  Specifications. 
Editorial  Eng.  Rec.  Vol.  53,  p.  467. 

Fixing  a  Basis  in  advance  for  Comparison  of  Alternate  Bids.  Discussion 
of  a  plan  to  prevent  charges  of  Corruption  in  calling  for  alternative  bids. 
Eng.  News,  Vol.  70,  p.  221. 

A  plan  to  Limit  Unbalanced  Bidding  on  City  Contract  Work.  Discussion 
of  plan  devised  by  Dept.  of  Water  Supply,  New  York.  Eng.  News,  Vol.  69, 
p.  777. 

Alternative  Forms  of  Paving  Contracts.  Suggestions  for  specifications 
for  asphalt  paving.  O.  X.  McLoughlin.  Eng.  Rec.  Vol.  70,  p.  476. 

Contractor's  Bids  on  their  own  Plans  Declared  Illegal.  Cites  Case  in  City 
of  Seattle.  Eng.  News,  Vol.  74,  p.  609. 

Alternate  Specifications  for  Public  Work  are  Legal.  Cites  several  cases 
by  D.  T.  Pierce.  Eng.  News,  Vol.  74,  p.  1048. 

The  Duties  of  Engineers  in  Enforcing  Contracts,  by  A.  J.  Himes.  Eng. 
News,  Vol.  48,  p.  45. 

Arbitration,  by  Onward  Bates.  Discussion  by  different  members.  Jour. 
W.  E.  E.  Vol.  17,  p.  481. 

Arbitration,  Its  place  in  our  professional  Practice.  Paper  before  Tech. 
Soc.  Pac.  Coast,  by  G.  A.  Wright,  Jour.  Assoc.  Eng.  Soc.  Nov.  1900.  Also 
Const.  News,  June  29,  1901. 

Should  an  Engineer  be  Vested  with  Judicial  Functions.  Discussion  of 
subject.  Editorial  Eng.  News,  Supp.  Vol.  51,  p.  189. 

Arbitration  of  Contract  Disputes.     Editorial.     Eng.  News,  Vol.  68,  p.  683. 

Engineers  as  Arbiters  of  Public  Equity  and  Justice.  Address  by  W.  M. 
Daniels  of  Interstate  Commerce  Comm.  Eng.  Rec.  Vol.  70,  p.  623. 

Discretionary  Clauses  in  Contracts.    Cites  objections  to  such  clauses. 
W.  B.  King    Eng.  Rec.  Vol.  68,  p.  308. 

The  Discretion  of  Government  Engineers.  Cites  Cases  of  unfairness  in, 
enforcing  contracts,  by  Wm.  B.  King.  Eng.  Rec.  Vol.  65,  p.  348, 


Literature  203 

Relation  of  the  Contractor  to  the  Public  Official.  Abstract  paper  to 
American  Road  Congress  1912,  by  C.  A.  Crane.  Eng.  News,  Vol.  68,  p.  712. 

Business  Methods  in  Construction  Work.  Abstract  paper  to  Cleveland 
Engineering  Society,  by  Jas.  L.  Stuart.  Can.  Eng.  Vol.  25,  p.  648. 

Contract  Troubles.  Discussion  of  some  legal  points.  Editorial.  Eng. 
Rec.  Vol.  46,  p.  179. 

A  Plea  for  Contractors.  Discussion  of  fairness  in  contracts,  Paving  and 
Municipal  Engineering.  Vol.  8,  p.  225. 

Planning  in  Contract  Work.  Discussion  of  the  value  of  foresight.  Eng. 
Rec.  Vol.  71,  p.  792. 

Duty  of  the  Engineer  Toward  Contractors.  Discussion  of  fairness  In 
writing  and  enforcing  specifications.  Editorial.  Eng.  News,  Vol.  48,  p.  287. 

Joint  Responsibility  of  Engineers  and  Contractors.  Editorial.  Eng. 
Rec.  Vol.  54,  p.  366. 

Straight  Talk  for  the  Contractor.  Notes  on  economics  in  contracting. 
Eng.  Rec.  Vol.  72,  p.  124. 

Problems  of  the  Contractor.  Abstract  of  address  on  contracting  in  rein- 
forced concrete.  L.  C.  Wason.  Eng.  Rec.  Vol.  69,  p.  23. 

Contract  Clauses  which  Disregard  the  Square  Deal,  by  F.  J.  Herlihy. 
Eng.  News-Rec.,  Vol.  84,  p.  457. 

Rental  Values  of  Construction  Equipment,  by  F.  J.  Herlihy.  Eng. 
News-Rec.,  Vol.  84,  p,  125. 


CHAPTER  XII 
ADVERTISING  AND  LETTING  CONTRACT 

§  128.  Purpose  of  Advertisement. — The  preparation  of  the  ad- 
vertisment  and  the  instruction  to  bidders  presupposes  that  the  prelim- 
liminary  work  of  preparing  plans,  contracts  and  specifications  is  essen- 
tially completed  and  that  the  work  is  ready  to  be  let. 

The  purpose  of  the  advertisement  is  to  bring  the  proposed  letting 
to  the  notice  of  manufacturers,  contractors  or  others  who  may  be  in- 
terested in  such  work  in  order  that  suitable  competition  may  be  se- 
cured. 

The  medium  for  advertising  should  be  selected  with  due  regard  to 
the  persons  whom  it  is  desired  to  reach,  although  the  manner  and  ex- 
tent of  advertising  will  always  be  controlled  by  legal  requirements  in  the 
case  of  public  contract. 

In  work  where  only  local  competition  is  desired,  the  local  paper 
having  the  widest  circulation  among  the  particular  class  of  contractors 
desired,  should  be  selected.  In  works  of  any  magnitude,  especially 
when  proposed  for  small  cities,  advertisements  should  be  inserted  in 
the  engineering  and  contracting  papers  of  the  country,  having  wid*e  cir- 
culation among  the  contractors  whom  it  is  desirable  to  reach. 

On  account  of  the  expenses  of  advertising,  an  advertisement  is 
usually  confined  to  only  such  general  information  as  will  enable  a  con- 
tractor to  determine  whether  or  not  he  desires  to  undertake  the  work. 

Engineers  in  charge  of  large  works,  either  public  or  private, 
usually  send  copies  of  the  advertisement  directly  to  all  responsible 
and  desirable  contractors  in  order  that  the  letting  may  be  brought  di- 
rectly and  quickly  to  their  attention.  For  public  work  a  list  of  all 
contractors  interested  in  the  work  to  be  let  is  usually  kept  on  file  and 
the  advertisement  is  sent  to  all  who  have  applied.  In  letting  private 
work  it  is  quite  usual  to  omit  the  public  advertising  entirely  and  con- 
fine the  notices  to  reliable  contractors  especially  equipped  with  plant 
or  experience  for  the  work  to  be 'let.  Such  a  procedure  would  be  en- 
tirely illegal  for  public  work,  as  the  advertisement,  the  public  letting 
and  certain  other  formalities  are  legal  provisions  made  and  necessary  to 
guard  against  fraud  in  public  contracts. 

§  129.  Nature  of  Advertisement. — The  advertisement  should 
clearly  state  what  is  to  be  done.  It  should  explain  where,  when,  by 


Nature  of  Advertisement  205 

whom  and  for  what  proposals  are  to  be  received.  The  advertisement 
is  intended  to  call  the  attention  of  interested  parties  to  the  fact  that 
certain  work  is  to  be  let  under  contract,  and  should  include  such  infor- 
mation concerning  the  extent  and  character  of  the  work  to  be  done  as 
will  allow  them  to  judge  whether  they  wish  to  examine  further  into 
the  matter,  with  the  intention  of  bidding  on  the  same. 

The  advertisement  should  be  clear  and  concise  in  its  statements. 
The  matter  which  it  should  contain  will  depend  somewhat  on  the  char- 
acter and  extent  of  the  work  and  whether  the  bidders  expected  are 
local  men  or  men  from  distant  cities. 

The  advertisement  should  be  published  not  only  in  the  usual  way, 
but  should  be  printed  on  slips  and  attached  to  the  specifications  or  be 
printed  on  the  specifications,  so  that  all  who  secure  them  will  also  se- 
cure a  copy  of  the  advertisement,  as  it  should  form  a  part  of  the  com- 
pleted papers.  Bidders  on  work  have  certain  moral  and  legal  rights 
which  are  to  an  extent  established  by  the  advertisement. 

The  advertisement  should  not  be  published  until  the  work  has 
been  duly  authorized,  the  preliminary  investigations  made,  the  design, 
contract,  and  specifications  completed,  and  the  financial  arrangements 
made,  and  the  performance  on  the  part  of  the  owner  or  public  assured. 
Municipalities  and  private  parties  have  not  been  altogether  scrupulous 
in  conserving  the  rights  of  bidders.  Sometimes  advertisements  have 
been  issued  which  have  caused  contractors  to  go  to  considerable  ex- 
pense in  their  preparations  for  bidding,  only  to  find  after  such  ex- 
penses have  been  incurred,  that  the  letting  has  been  abandoned  on  ac- 
count of  unforeseen  difficulties  or  failure  to  finance  the  project.  In 
one  such  case  twenty-six  contractors  were  called  from  all  parts  of  the 
United  States  to  one  of  the  states  west  of  the  Missouri  for  the  pur- 
pose of  bidding  on  a  large  municipal  sewer  contract.  When  they  ar- 
rived they  found  that  an  election  was  to  be  held  on  the  day  that  bids 
were  to  be  received  to  determine  whether  or  not  the  city  should  issue 
bonds  for  the  proposed  improvements.  Bids  were  to  be  deposited  by 
four  o'clock  and  the  result  of  the  election  could  not  be  known  until  late 
in  the  evening.  The  bonds  failed  to  carry  by  a  vote  of  two  to  one. 
Even  under  these  circumstances  the  mayor  proposed  to  open  bids  "to 
see  how  the  bids  compared  with  the  engineer's  estimate."  He  was 
prevented  only  by  strenuous  objection  on  the  part  of  a  number  of  the 
contractors.  Some  of  the  contractors  had  come  from  points  as  dis- 
tant as  Washington,  D.  C,  and  the  average  expense  was  probably 
at  least  $500.  The  municipality  by  its  inconsiderate  action,  occasioned 


206  Advertising  and  Letting  Contract 

a  needless  expense  of  about  $13,000  to  the  contractors  who  had  been 
asked  to  bid  on  the  work.  Whether  or  not  there  was  any  legal  re- 
course may  be  questioned,  but  the  difficulties  and  expense  involved  in 
legal  proceedings  were  so  great  that  no  attempt  was  made  to  secure 
legal  redress.  The  moral  iniquity  involved  in  such  a  procedure  needs 
no  comment;  it  probably  resulted  more  from  thoughtlessness  than 
from  any  vicious  intent,  but  the  result  was  the  same.  Such  occur- 
rences are  not  altogether  unusual.  The  engineer  in  charge  of  the  work 
is  commonly  blamed  when  such  conditions  result,  and  he  should  en- 
deavor to  prevent  their  occurrence,  both  from  his  appreciation  of  fair 
play  and  for  the  sake  of  his  reputation. 

§  130.  Analysis  of  Advertisement. — On  any  work  where  bidders 
are  expected  to  come  from  a  considerable  distance,  the  advertisement 
for  proposals  should  contain  the  following  information  : 

Outline  of  Advertisement 

1.  By  whom  bids  will  be  received. 

2.  Where  received. 

3.  When  received. 

4.  Nature  of  work  or  material  to  be  furnished. 

5.  Location  of  work. 

6.  Amount  of  work  or  material  to  be  furnished. 

7.  When  contract  is  to  be  begun  and  when  finished. 

8.  Where  plans  may  be  seen  or  obtained. 

9.  Where  specifications  may  be  seen  or  obtained. 

10.  What  security  will  be  required  with  proposal.  (If  resident 
bondsmen  are  required,  it  should  be  stated.) 

n.  What  bond  will  be  required  with  contract.  (If  resident  bonds- 
men are  required,  it  should  be  stated.) 

12.  When  proposals  will  be  opened. 

13.  When  contract  will  be  awarded. 

14.  Other  information  of  interest  or  importance  to  nonresident 
bidders. 

15.  From  whom  general  information  may  be  obtained. 

16.  Reservation  of  rights  to  reject  any  or  all  bids,  or  to  waive  in- 
formalties. 

17.  Official  signatures  of  officers  letting  work  or  receiving  bids. 

These  matters  will  be  discussed  in  detail  under  the  heading  In- 
struction to  Bidders  of  which  they  are  a  part  or  to  which  they  are 
usually  appended. 


Formalities  207 

§  131.  Formalities. — As  previously  noted  various  formalities  in 
regard  to  the  letting  of  contracts  for  public  works  have  been  made 
mandatory  by  legislation  in  order  to  assure,  to  as  great  an  extent  as 
possible,  the  elimination  of  fraud  in  such  lettings.  Advertising  must 
be  done  to  a  certain  extent  and  in  a  certain  manner  in  order  to  assure  a 
due  knowledge  of  the  proposed  work  to  all  who  may  be  interested  and 
sufficient  time  for  the  preparation  of  proposals.  Proposals  must  be 
submitted  and  received  only  at  a  certain  definite  time,  in  order  that  no 
single  bidder  shall  have  undue  advantage.  These  bids  are  either  to  be 
opened  at  once  or  are  to  remain  sealed  until  opened  and  publicly  read, 
in  order  that  the  bidders  and  the  public  may  know  the  prices  made  by 
each  contractor  and  the  lowest  bidder.  It  is  usually  provided,  so  far  as 
practicable,  that  the  work  shall  be  let  to  the  lowest  bidder,  although  of 
necessity  the  questions  of  responsibility  and  experience  must  receive  due 
consideration  in  order  that  the  lowest  and  best  bid  may  be  determined. 

Collusion  between  public  officials  and  contractors  is  made  possible 
by  avoiding  public  advertising  or  by  so  limiting  the  time  after  the  ad- 
vertisement is  published,  that  undesired  competitors  cannot  submit  in- 
telligent and  safe  bids.  It  is  also  accomplished  through  inexact,  inde- 
terminate, unfair  and  arbitrary  specifications  containing  numerous 
doubtful  clauses  that  are  left  to  the  decision  or  discretion  of  the  en- 
gineer. By  such  means  the  expense  to  a  favored  contractor  may  be 
greatly  reduced  while  an  unfavored  contractor  may  be  put  to  large  ex- 
pense. Hence  the  favored  contractor,  knowing  he  will  get  unfair  pro- 
tection, can  safely  make  a  low  bid  and  secure  the  work.  While  indefi- 
nite specifications  are  frequently  due  to  ignorance  and  are  not  always 
written  with  this  end  in  view,  their  presence  always  gives  an  impres- 
sion of  either  ignorance  or  dishonest  interest,  and  they  should  be  studi- 
ously avoided. 

To  avoid  even  the  appearance  of  evil  the  engineer  should  ar- 
range and  conduct  the  letting  of  public  work  in  a  way  that  will  elimi- 
nate as  far  as  practicable  all  possibilities  of  unfairness  or  favoritism. 

In  private  contracts,  only  such  formalities  as  may  seem  desirable 
are  adopted,  but  the  elements  of  fairness  are  the  same.  Parties  who 
will  not  be  considered  should  not  be  permitted  to  bid  and  when  any 
contractor  or  manufacturer  is  requested  to  submit  a  bid,  he  is  entitled 
to  fair  treatment. 

§  132.  Time  Allowed. — Ample  time  should  be  allowed,  from  the 
time  of  advertising  to  the  time  at  which  proposals  are  to  be  received 
for  the  bidders  to  make  necessary  investigation  on  which  to  base 


208  Advertising  and  Letting  Contract 

an  intelligent  proposal.  The  time  necessary  will  depend  on  the  ac- 
cessibility of  the  work  and  on  its  character  and  extent.  The  bidders 
must  have  sufficient  time  to  examine  the  necessary  data  and  to  secure 
information  concerning  prices  of  material  and  labor,  to  make  such 
preliminary  studies  of  the  methods  and  plant  needed  in  the  construc- 
tion, and  for  such  financial  arrangement,  capital,  bond,  etc.,  as  condi- 
tions may  require.  There  is  usually  a  tendency  on  the  part  of  the  of- 
ficials of  municipalities  and  private  companies  to  shorten  unduly 
the  time  allowed  for  these  purposes,  but  the  engineer  must  impress 
upon  his  client  or  employer  the  disadvantages  of  such  a  course.  Un- 
less ample  time  is  given  to  determine  all  of  the  factors  which  will  af- 
fect the  cost  of  the  proposed  construction,  the  doubt  and  the  uncer- 
tainties involved  will  increase  the  prices  bid  and  the  cost  of  the 
proposed  work.  Every  uncertainty  leads  to  the  same  result,  and  it 
is  just  as  important  to  allow  proper  time  for  the  examination  by  con- 
tractors as  to  provide  plans  and  specifications  which  are  clear  and  ex- 
plicit. 

§  133.  Form  of  Proposal. —  The  proposal  may  be  a  printed  form 
or  it  may  be  left  for  the  bidder  to  make  out  in  the  form  of  a  writ- 
ten communication.  It  will  depend  on  the  amount  and  character  of 
the  work  as  to  which  is  preferable.  When  the  work  is  simple  and  the 
bid  is  a  "lump  sum"  for  the  entire  work,  a  special  form  is  not  essential 
although  even  then  it  adds  greatly  to  the  facility  with  which  bids  may 
be  examined  and  compared.  When  there  are  a  number  of  items  for 
which  proposals  are  desired,  a  form  for  the  proposal  becomes  essen- 
tial in  order  to  assure  a  fair  comparison.  Such  a  form  properly  pre- 
pared insures  uniformity  in  the  bids  submitted  so  that  they  may  be  di- 
rectly compared  on  the  basis  of  price,  as  such  forms  are  usually  so 
made  that  the  bidder  has  only  to  fill  out  the  blanks  left  for  prices  in 
statements  which  have  been  framed  by  the  engineer,  and  which  cor- 
respond with  the  terms  used  in  the  specifications.  All  unaltered  bids 
can  hence  be  readily  compared,  and  it  is  usually  provided  that  such 
forms  must  be  used  unaltered  and  that  changes,  modifications  or  ad- 
ditions will  cause  the  bid  to  be  rejected.  Where  work  is  of  a  na- 
ture that  such  form  is  possible  the  question  of  price  only  remains  to 
be  decided,  at  least  among  bidders  of  equal  responsibility.  Under 
conditions  where  different  machinery  or  supplies  are  to  be  furnished 
the  difference  in  price  bid  does  not  furnish  such  an  obvious  means  of 
comparison,  as  quality  and  detail  become  important,  and  these,  together 
with  experience,  responsibility  and  prices  bid,  must  be  considered  and 


Form  of  Proposal  209 

a  decision  reached  which  must  depend  on  the  judgment  of  the  officials 
letting  the  work. 

The  blank  form  of  proposal  is  sometimes  bound  with  the  specifi- 
cations and  is  sometimes  a  separate  instrument.  In  the  latter  case  it 
should  refer  to  the  specifications  as  filed  at  the  place  mentioned  in  the 
advertisement. 

Certain  declarations  that 

(a)  "The  bidder  has  carefully  examined  the  location,  plans  and 
specifications,"  and 

(b)  "The  bid  has  been  made  without  collusion  or  fraud,"  are 
commonly  embodied  in  the  form  of  proposal.     They  have  little  legal 
significance,  but  serve  only  as  a  warning. 

Clauses  covering  the  following  matters  should  also  be  included : 

(c)  The  agreed  date  of  beginning  and  completion. 

(d)  Stating  the  character  and  amount  of  security  submitted  with 
the  bid  and  agreeing  to  forfeit  the  same  if  the  bid  is  accepted  and  the 
bidder  fails  to  enter  the  contract  as  agreed. 

(e)  An  agreement  to  furnish  security  and  a  statement  as  to  the 
character  of  the  same. 

(/)  The  names  of  subcontractors,  when  parts  of  the  work  are  to 
be  sublet  to  other  contractors  or  manufacturers,  and  finally 

(g)  The  signature  of  principals,  their  place  of  business  and  the 
signature  of  witnesses  or  an  acknowledgment  if  required. 

The  following  examples  will  show  the  usual  features  of  these 
forms. 

Example  A. 

PROPOSAL 

TO  THE  BOARD  OF  PARK  COMMISSIONERS  OF  THE  CITY  OF  BOSTON  FOR 
BUILDING  ABUTMENTS  AND  WING-WALLS  FOR  A  BRIDGE  AT  WOOD 
ISLAND  PARK,  EAST  BOSTON. 

The  undersigned  hereby  declare  that  —he  ha—  carefully  examined  the 
annexed  form  of  contract  and  specifications,  and  will  provide  all  necessary 
machinery,  tools,  apparatus,  and  other  means  for  construction,  and  do  all 
the  work,  and  furnish  all  the  materials  called  for  by  said  contract  and  speci- 
fications in  the  manner  prescribed  by  the  contract  and  the  specifications, 
and  the  requirements  under  them  of  the  Engineer,  for  the  sum  of 

...../. c$ ). 

Accompanying  this  proposal  is  a  certified  check  for  the  sum  of  one  thou- 
sand dollars,  as  called  for  in  the  foregoing  advertisement. 

No  member  of  the  City  Council,  and  no  person  in  any  office  or  employ- 
ment of  the  City  of  Boston,  is  directly  or  indirectly  interested  in  this  pro- 


210  Advertising  and  Letting  Contract 

posal,  or  in  any  contract  which  may  be  made  under  it,  or  in  expected  profits 
to  arise  therefrom;  and  this  proposal  is  made  in  good  faith,  without  collu- 
sion or  connection  with  any  other  person  bidding  for  the  same  work. 

Name 


Address 

Example  B. 

PROPOSAL 

Made  by ,  residing  in ,  (date)  . 

— -  do  hereby  declare  that • ,  the  only  person  interested 

in  this  proposal,  and  that  no  other  person  than  the  person —  herein  named, 
has  any  interest  in  this  proposal,  or  in  the  contract  proposed  to  be  taken; 
that  it  is  made  without  any  connection  with  any  other  person  or  persons 
making  proposals  for  the  same  work,  and  that  it  is  in  all  respects  fair  and 
without  collusion  or  fraud. 

And further  declare  that have  carefully  examined  the  proposed 

location  of  said  work,  and  the  annexed  specification  and  form  of  contract, 
and  the  plans  now  on  file  in  the  City  Engineer's  office,  and  that will  con- 
tract to  do  the  work  and  furnish  the  material  called  for  by  the  annexed  notice 
to  Contractors,  and  the  annexed  contract  and  specifications  in  the  manner  and 
on  the  conditions  required,  upon  the  following  terms: 

Price  Bid 

Per 
Lineal 
In  From  To  Foot 

1.  Oak  Street Watch  Fac'y  Sewer Main  Street 

2.  Main  Street   Oak  Street Grove  Street 

3.  Grove  Street   Main  Street First  Street 

4.  Grove  Street First  Street Second  Street 

5.  Grove  Street Second  Street Third  Street 

6.  Grove  Street Third  Street Fourth  Street 

7.  Grove  Street Fourth  Street  Kishwaukee  St 

8.  Main  Street Grove  Street,  South   End  of  Lateral 

9.  First  Street  Grove  Street,  North  End  of  Lateral 

10.  First  Street   Grove  Street,  South   End  of  Lateral 

11.  Second  Street   Grove  Street,  North  End  of  Lateral 

12.  Second  Street   Grove  Street,  South   End  of  Lateral 

13.  Third  Street Grove  Street,  North  End  of  Lateral 

14.  Third  Street Grove  Street,  South   End  of  Lateral 

15.  Fourth  Street Grove  Street,  North  Oak  Street  ...» 

16.  Fourth  Street Grove  Street,  South  End  of  Lateral. . 

17.  Oak  Street  Fourth  Street  End  of  Lateral 

18.  Kishwauke©  Street..  Grove  Street,  North  End  of  Lateral 

19.  Kishwaukee  Street. .  Grove  Street,  South  End  of  Lateral 


Form  of  Proposal  21 1 

Extra  Price  Bid 

For  each  Y  connection  on  12-inch  sewer 

For  each  Y  connection  on  10-inch  sewer 

For  each  Y  connection  on     8-inch  sewer 

For  each  Equalizer   

For  each  Lamphole  

For  each  Catchbasin   

For  each  Manhole 

The  prices  named  above  are  to  include  the  cost  of  doing  all  other  work 
required  by  the  specifications  or  appertaining  thereto. 

The  undersigned  agree  to  begin  work  within  thirty  days  after  signing 
a  contract  and  to  complete  the  required  work  within  six  months  thereafter. 

— • —  submit  a  certification  for  $3,500,  which  agree —  to  forfeit  should 

the  work  be  awarded  to ,  in  accordance  with  the  plans  and  specifications 

and  should  fail  or  refuse  to  enter  into  the  contract  with  security  as 

specified.    The  undersigned  propose  to  furnish  the —  Surety  Company  as 

bondsmen.    The  sewer  pipe  and  specials  to  be  furnished  under  this  contract 
will  be  those  manufactured  by  the of 

Respectfully  submitted, 

Name 
Address 

§  134.  Instructions  to  Bidders. — The  instructions  to  bidders 
supplement  the  advertisement  and  should  contain  the  directions  for  the 
preparation  of  proposals  and  prescribe  such  formalities  as  may  be  re- 
quired in  their  presentation.  The  instructions  will  vary  in  their  re- 
quirements with  the  degree  of  formality  with  which  it  is  desirable  to 
conduct  the  letting.  The  more  complete  the  plans  and  the  more  defi- 
nite the  specifications,  the  more  rigid  can  the  instructions  to  bidders 
be  made  with  security  to  all  parties.  It  is  sometimes  necessary  to  re- 
ceive bids  on  items  such  as  machines,  supplies,  etc.,  where  it  is  unde- 
sirable or  impossible  to  furnish  specifications  in  detail.  In  such  cases, 
the  instructions  cannot  be  as  formal  as  when  specifications  are  com- 
plete. The  instructions  should  be  as  complete  as  necessary  for  each 
particular  case,  and  should  explicitly  state  everything  required  for  the 
submission  of  a  formal  proposal.  Clearness  in  these  instructions  will 
save  much  explanation  and  consequent  loss  of  time.  Too  great  for- 
mality should  be  avoided  in  any  case. 

"Instructions  to  Bidders"  still  further  establishes  the  legal  and 
moral  rights  of  those  bidding  on  the  work. 

If  the  advertisement  is  not  made  a  part  of  the  forms,  the  instruc- 
tions to  bidders  should  include  all  matter  included  in  the  advertisement, 


212  Advertising  and  Letting  Contract 

The  instructions  are  usually  arranged  in  about  the  following  or- 
der: 

A.  General  notice,  including  time  of  receiving  bids  and  general 

character  of  the  work. 

B.  How  sealed,  and  to  whom  delivered 

C.  Formalities  required  in  proposals. 

D.  Manner  of  stating  prices. 

E.  Estimates. 

F.  Where  information  can  be  obtained. 

G.  Reservation  to  alter  amounts  of  work. 

H.  Reservation  as  to  amount  of  work  let  under  single  contract. 

7.    Reservations  as  to  time  of  beginning  and  completion. 

7.    Reasons  for  rejection  of  bids. 

K.  Security  to  be  required  with  bid  and  with  contract. 

L.  Security  with  contract. 

M.  Miscellaneous  requirements. 

§  135.  Details  of  Instructions. 

A.  General  Notice — Receiving  Bids,  etc. 

(a)  "Sealed  bids  for  the  work  above  named,  endorsed  with  the 

title and  also  with  the  name  of  the  person  or  persons 

making  the  same,  will  be  received  at  the  office  of until 

at  .....  o'clock  . .   M.,  at  which  time  the  bids  will  be  opened  by  the 

and  publicly  read,  after  which  the  contract  will  be 

awarded." 

For  the  last  clause  in  the  above,  one  of  the  following  is  sometimes 
substituted : 

(b)  "After  which  the  bids  will  be  referred  to  the  engineer   (or 
other  officer)  for  recommendations/' 

(c)  "The  contract  will  probably  be  let  at  the  regular  (or  special) 
meeting  of  the on at  ....  o'clock  . .  M." 

(d)  "After  which  the  bids  will  be  considered  and  the  award  made 
as  early  as  practicable." 

B.  Proposals — How  Seated  and  to  Whom  Delivered. 
(a)  "Proposals  must  be  inclosed  in  a  sealed  envelope  and  ad- 
dressed to ,  and  further  indorsed  with  the  title 


(b)  "Each  bid  must  be  inclosed  in  a  sealed  envelope,  and  deliv- 
ered to  the ;  and  in  the  presence  of  the  person  offering 

the  bid,  it  will  be  deposited  in  a  sealed  box  provided  for  that  purpose." 


Details  of  Instructions  213 

C.  Formalities  Required  in  Proposals. 

(a)  "N.  B.     Bidders  are  warned  that  all  bids  which  are  deficient 
in  either  of  the  following  requirements  may  be  rejected  as  informal." 
(Formalities  adopted  are  here  added.) 

(b)  "No  bids  will  be  received  if  detached  from  the  package  in 
which  it  is  bound;  nor  must  any  of  the  accompanying  papers  be  de- 
tached therefrom,  but  the  entire  package  must  be  unbroken  and  in 
good  order  when  the  bid  is  deposited." 

(c)  The  bids  must  conform  to  the  printed  forms,  in  order  that 
a  fair  comparison  may  be  made  of  all.     Any  deviation   from  said 
forms  by  omission  of  prices,  or  the  insertion  of  written  additions  by 
the  bidders,  will  invalidate  the  bid.     Such  addition  will  ensure  the  re- 
jection of  the  bids.     All  bids  must  be  full  in  every  particular." 

(d)  "The  bids  must  be  made  upon  blanks  furnished  by  the 

or  their  authorized  engineers." 

(e)  "No  change  will  be  made  in  the  form  of  the  bids  nor  must 
any  additional  modifications  or  any  form  of  specification  be  annexed." 

(f )  "Each  bidder  must  sign  the  plans  upon  which  his  bid  is  based, 
in  the  office  of  the  city  engineer,  and  the  date  of  such  signing  must 
precede  the  date  of  opening  the  bids." 

(g)  "When  a  firm  is  a  bidder  the  member  of  the  firm  who  signs 
the  firm  name  to  the  proposal  should  state,  in  addition,  the  name  of  all 
individuals  composing  the  firm." 

(h)  "Each  bidder  is  required  to  state  in  his  proposal  his  name 
and  place  of  residence;  the  names  of  all  parties  interested  with  him; 
and  if  no  other  person  be  so  interested,  he  shall  distinctly  state  the 
fact;  also  that  it  is  made  without  connection  with  any  other  person 
making  any  proposal  for  the  above  work ;  and  that  it  is  in  all  respects 
fair,  and  without  collusion  or  fraud." 

(i)  "If  any  bidder  wishes  to  withdraw  his  proposal  he  may  do  so 
before  the  time  fixed  for  the  opening,  by  mentioning  his  purpose  to 

,  and  when  his  proposal  is  reached,  it  will  be  returned 

unread." 

(/)  "Permission  will  not  be  given  for  the  withdrawal  of  any  pro- 
posal." 

D.  Manner  of  Stating  Prices. 

(a)  "The  prices  must  be  written  in  the  bid  and  also  stated  in 
figures ;  and  all  proposals  will  be  considered  as  informal  which  are  not 
in  conformity  with  this  notice." 


214  Advertising  and  Letting  Contract 

(b)  "Bidders   will   state   the   proposed  price   for   each   separate 
item  of  the  work,  by  which  the  bids  will  be  compared.     These  prices 
are  to  cover  all  the  expenses  incidental  to  the  completion  of  the  work, 
in  full  conformity  with  the  specifications." 

(c)  "These  prices  are  to  cover  all  the  expenses  of  furnishing  ma- 
terial other  than  that  specified  to  be  furnished  by  the  city,  and  all  tools 
and  labor,  in  completing  the  work  aforesaid  in  conformity  to  the  con- 
tract and  specifications  prepared  by  the  same." 

E.  Estimate. 

(a)  "The  engineer's  estimate  of  work  and  material  by  which  the 
bids  will  be  compared  is  as  follows :"  [The  estimated  quantities  of  ma- 
terial to  be  used  and  work  to  be  done  should  follow  here.] 

F.  Where  Information  Can  Be   Obtained. 

(a)  "Bidders  must  get  their  information  as  to  the  local  conditions 
of  trade,  labor,  character  of  the  soil,  probable  amount  of  ground  water, 
rock,  etc.,  from  personal  inquiry  upon  the  ground.     Such  data  will 
not  be  given  at  this  office  except  that  the  records  as  to  any  sub-con- 
struction^ etc.,  of  which  it  has  knowledge,  will  be  freely  shown." 

(b)  "On  account  of  the  character  of  the  work,  the  above  men- 
tioned quantities  cannot  be  estimated  in  advance,  with  accuracy ;  there- 
fore bidders  are  required  to  submit  their  bids  upon  the  following  ex- 
pressed conditions  which  shall  apply  to  and  become  a  part  of  every 
bid,  viz. :  That  bidders  have  satisfied  themselves  by  personal  examina- 
tion of  the  location  of  the  proposed  work  and  by  such  other  means  as 
they  may  elect,  as  to  the  accuracy  of  the  foregoing  estimate  of  the  en- 
gineer ;  and  that  they  will  not,  at  any  time  after  the  submission  of  the 
bid,  dispute  or  complain  of  such  statements  of  the  engineer;  nor  as- 
sert that  there  was  any  misunderstanding  in  regard  to  the  nature,  or 
amount  of  the  work  to  be  done." 

G.  Reservations  of  Rights  to  Alter  Amount  of  Work,  etc. 

(a)  "The  right  is  reserved  to  increase  or  diminish  in  quantity  as 

may  be  necessary  in  the  judgment  of  the the  variation 

from  the  estimate,  however,  not  to  exceed  ten  per  cent." 

H.  Reservations  as  to  Amount  of  Work  Let  in  One  Contract. 

(a)  "The reserves  the  right  to  let  the  work  as  a  whole  or 

in  parts.     Contractors  will  state  in  their  bids  the  least  and  greatest 
amounts  of  work  for  which  their  bids  are  made." 


Details  of  Instructions  215 

(b)  "Bids  will  be  considered  for  the  entire  work  only." 
/.  Reservation  as  to  Time  of  Beginning  and  Completion. 

(a)  "Work  must  be  begun  on  or  before (or days 

after  the  completion  of  the  contract)  and  must  be  completed  by 

(or days  after  work  is  commenced.)" 

(b)  "Bidders  must  state  the  length  of  time  in  which  they  will 
agree  to  do  the  work  and  such  time  will  be  regarded  as  a  consideration 
in  awarding  the  work  and  will  be  made  an  essential  part  of  the  con- 
tract with  a  proper  forfeiture  (or  with  a  forfeiture  of dollars 

per  day)  attached  for  its  non-fulfillment." 

(c)  "The  time  allowed  to  complete  the  whole  work  will  be 

days,  as  provided  in  the  specifications." 

/.  Rejection  of  Bids. 

(a)  "Reasonable  grounds  for  supposing  that  any  bidder  is  inter- 
ested in  more  than  one  bid  will  cause  the  rejection  of  all  bids  in  which 
he  is  interested." 

(b)  "The  right  is  reserved  to  reject  any  or  all  bids,  and  to  waive 
any  informality  in  the  bids  received;  also  to  disregard  the  bid  of  any 
failing  bidder  or  contractor,  known  as  such." 

(c)  "The  bidder  must  satisfy of  his  ability  to  per- 
form the  work  for  which  he  bids." 

(d)  "The  fact  of  any  person  or  firm  being  in  arrears  to  the  city  of 

on  debt  or  contract  or  in  default  as  surety  or  otherwise  upon  any 

obligation  to  the  city,  or  who  has  failed  in  previous  contracts  to  comply 
with  the  requirements  or  specifications  of  said  contract,  shall  be  deemed 
a  sufficient  cause  for  the  rejection  of  his  or  their  bid." 

K.  Security  with  Bid. 

Normally  a  proposal  is  an  offer  that  can  be  withdrawn  or  canceled 
by  formal  notice  at  any  time  before  formal  acceptance.  In  order  to 
assure  absence  of  fraud  and  the  opportunity  for  the  comparison  of  pro- 
posals, and  to  reserve  the  privilege  of  deliberation  and  the  acceptance 
of  the  contract  when  duly  awarded,  a  certified  check  or  bond  for  a 
specified  amount  is  frequently  required  with  proposals  as  a  guarantee 
of  good  faith  that  if  the  contract  is  awarded  to  the  bidder  he  will  enter 
into  a  formal  contract  for  the  performance  of  the  obligation  for  which 
the  bid  was  made. 

In  order  to  assure  the  validity  of  a  forfeiture,  on  the  refusal  of 
the  bidder  to  enter  into  the  contract  in  accordance  with  his  proposal 


216  Advertising  and  Letting  Contract 

after  an  award  to  him,  it  is  desirable  to  require  him  to  make  a  specific 
statement  in  the  proposal  that  in  case  the  award  is  made  to  him  and  he 
fails  to  enter  the  contract  within  a  snecified  time,  he  shall  forfeit  the 
amount  deposited  (as  a  certified  check  or  bond)  as  liquidated  damages 
for  such  failure.  If  the  instructions  simply  require  a  check  for  a  stated 
amount  to  accompany  the  bid,  such  deposit  may  be  regarded  as  a  pen- 
alty which  can  be  retained  only  to  the  extent  of  the  actual  damages 
sustained  and  proved  in  a  court  of  law.2 

Such  deposits  may  be  required  by  law,  and  even  when  not  so  re- 
quired are  a  reasonable  requirement  which  may  be  imposed  if  desired 
by  the  parties  letting  the  work.  Such  requirement  is  especially  de- 
sirable when  work  is  advertised  and  the  contractors  who  bid  may  or 
may  not  be  responsible. 

To  make  such  a  forfeiture  legally  valid,  the  acceptance  of  the  offer 
must  be  identical  with  the  offer  and  no  conditions  more  burdensome 
than  those  on  which  the  offer  was  based  can  be  imposed.  In  the  ne- 
gotiations of  a  private  company  with  selected  responsible  contractors 
or  manufacturers  for  a  contract  for  work,  material  or  machinery,  and 
especially  where  the  letting  is  informal,  such  a  deposit  is  not  usually 
considered  necessary  and  is  seldom  required. 

In  fixing  the  amount  of  security  required  with  the  proposal,  due 
consideration  should  be  given  not  to  impose  undue  hardships  on  bid- 
ders.3 Sometimes  the  amount  necessary  is  fixed  by  law  as  a  given 
percentage  of  the  total  amount  of  the  proposed  contract.  Sometimes 
such  security  is  tied  up  for  a  long  period,  pending  final  award ;  and  if 
the  amount  is  large,  it  may  seriously  tie  up  the  capital  or  resources  of 
the  bidders  who  may  have  a  number  of  such  proposals  out  at  one  time. 
From  the  bidders  standpoint,  a  "bid  bond"  from  a  security  company  is 
more  satisfactory.  In  general,  however,  the  certified  check  is  more 
satisfactory  to  the  owner  as  in  case  of  forfeiture  it  is  more  readily 
collectable  without  litigation  than  a  bond. 

(a)  "Security  to  the  amount  of  $ will  be  required  with  each 

proposal." 

(&)  "A  certified  check  for  $ shall  accompany  each  bid  as 

a  guarantee  that  the  bidder  if  successful,  will  enter  into  contract  for 
the  construction  of  the  work,  which  if  he  refuses  to  do,  will  be  for- 
feited to  the  city  as  liquidated  damages,  on  account  of  such  refusal." 


2  See  Wait,  Eng.  &  Arch.  Jurisprudence,  sec.  168,  and  Wait,  Laws  and  Con- 
tracts, sees.  92-97. 

s  See  Eng.  News,  Vol.  52,  p.  152. 


Details  of  Instructions  217 

(c)  "Each  bid  or  estimate  shall  be  accompanied  by  a  certified 

check  payable  to or  by  the  signing  in  writing,  of  two 

freeholders  of  the  city  of with  their  respective  places  of  busi- 
ness or  residence,  to  the  effect  that  if  the  contract  be  awarded  to  the 
person  making  the  estimate,  they  will  upon  its  being  so  awarded  be- 
come bound  as  sureties  for  its  faithful  performance,  and  that  if  he 

should  omit  or  refuse  to  execute  the  same,  within days  after 

notice  that  such  contract  has  been  awarded  to  him,  they  will  pay  the 
corporation  any  difference  between  the  sum  to  which  he  would  be  en- 
titled upon  its  completion,  and  that  which  the  corporation  might  be 
obliged  to  pay  to  the  person  to  whom  the  contract  may  be  awarded  at 
any  subsequent  letting;  the  amount  in  each  case  to  be  calculated  upon 
the  estimated  amount  of  the  work  by  which  the  bids  are  compared. 
The  signing  above  mentioned  shall  be  accompanied  by  an  oath  or  con- 
firmation in  writing  of  each  of  the  persons  signing  the  same  that  he  is 
a  freeholder  in  the  city  of and  is  worth  the  amount  the  se- 
curity required  for  the  completion  of  the  contract  and  stated  in  the 
proposal,  over  and  above  all  his  debts  of  every  nature ;  that  he  has  of- 
fered himself  as  surety  in  good  faith,  and  with  the  intention  to  execute 
the  bond  required  by  law,  if  the  contract  shall  be  awarded  to  the  per- 
son or  persons  for  whom  he  signs  to  become  surety.  The  adequacy 
and  sufficiency  of  the  security  offered,  shall  be  approved  by  the  mayor 

of  the  city  of after  the  award  is  made  and  prior  to  the  signing  of 

the  contract." 

L.  Security  with  Contract. 

(a)  "Security  satisfactory  to  the  mayor  of  the  city  of and 

equal  to  one-half  the  contract  price  will  be  required  with  the  contract." 

(&)  "The  person  or  persons  to  whom  the  contract  or  contracts 
may  be  awarded,  will  be  required  to  attend  at  this  office,  with  the  sure- 
ties offered  by  him  or  them,  and  execute  the  contract  within 

days  from  the  date  of  award ;  and  in  case  of  the  failure  or  neglect  so 
to  do,  he  or  they  will  be  considered  as  having  abandoned  it,  and  is  in 

default  to  the  city  of ;  and  thereupon  the  work  will  be  readver- 

tised  and  relet,  and  so  on  until  the  contract  be  accepted  and  executed." 

M.  Miscellaneous  Requirements. 

Other  points  to  which  the  attention  of  the  contractor  is  sometimes 
called  are : 

(a)  "The  attention  of  bidders  is  called  to  the  specifications  and 
form  of  the  contract  under  which  the  work  is  to  be  done ;  and  also  to 
the  requirements  in  regard  to  security." 


218  Advertising  and  Letting  Contract 

(b)  ''Bidders  are  informed  that  no  deviation  from  these  specifica- 
tions will  be  allowed,  unless  written  permission  shall  have  been  ob- 
tained signed  by " 

(c)  "A  copy  of  the  advertisement,  these  instructions  and  the  speci- 
fications will  be  attached  to  the  contract,  and  will  form  a  part  thereof." 

(d)  "Plans  can  be  seen,  and  specifications  and  form  of  the  con- 
tract can  be  obtained,  at  the  office  of ,  of  the  city  of 


N.  Plans  and  Specifications. 

A  copy  of  the  pamphlet  containing  instructions  to  bidders,  form 
of  proposals,  form  of  contract,  general  conditions,  general  and  de- 
tailed specifications  and  contract  drawings  will  be  furnished  upon  the 

receipt  of  a  deposit  of ,  which  deposit  will  be  returned  to  the 

bidder  upon  the  return  of  the  said  pamphlet  and  contract  drawings,  in 
good  condition  within days  after  bids  are  opened. 

O.  Qualifications  of  Bidders. 

No  bid  will  be  received  from  parties  \vho  are  not  regularly  en- 
gaged in  the  kind  of  work  to  be  let.  The  character  and  experience  of 
the  bidder  will  receive  full  and  detailed  consideration  and  he  must  be 
able  to  show  a  financial  standing  which  will  warrant  the  award  of  con- 
tract to  him.  Otherwise  his  proposal  will  not  be  considered. 

(a)  "Bidders  must  accompany  their  proposal  with  samples  of  the 
material  proposed  to  be  used;  which  samples  shall  be  retained  by  the 
city  and  all  materials  furnished  by  the  contractors  shall  be  equal  to  the 
sample  furnished." 

(b)  "Bidders  will  state  brands  of  material  proposed  and  the  make 
of  other  material  which  they  intend  to  use  in  the  work  for  which  bids 
are  proposed." 

(c)  "Other  things  being  equal,  preference  will  be  given  to  local 
labor  and  material." 

(d)  "Bidders  are  invited  to  be  present  at  the  opening  of  the  bids." 

(e)  "The  right  is  reserved  to  reject  any  or  all  bids  or  to  ignore 
any  irresponsible  bidder  known  to  be  such." 

§  136.  Receiving  and  Opening  Bids. — In  public  lettings,  bids 
should  be  received  up  to  a  given  hour,  and  any  bids  which  are  offered 
after  that  hour  should  be  rigidly  excluded.  Such  a  provision  may  at 
first  seem  arbitrary  and  unnecessary,  but  bids  are  sometimes  delayed 
for  fraudulent  purposes.  If  an  extension  of  five  minutes  is  allowed, 


Receiving  Bids  219 

why  not  an  hour,  during  which  time  other  bids  might  be  opened  and 
the  figures  furnished  to  the  late  bidder  ?  An  absolute  and  definite  time 
requirement  seems,  therefore,  essential. 

Bids  should  be  sealed  and  should  have  the  name  and  address  of 
the  bidder  on  the  envelope  in  order  that  they  may  be  returned  unopened 
if  such  necessity  should  arise.  In  cases  where  many  contracts  are 
being  let  or  when  proposals  are  being  received  for  a  number  of  sep- 
arate contracts,  the  title  of  the  work  for  which  the  proposal  is  sub- 
mitted should  also  be  endorsed  on  the  face  of  the  envelope,  in  order 
that  the  bids  may  be  sorted  and  arranged. 

The  bids  should  be  immediately  opened  and  publicly  read  in  the 
presence  of  the  bidders  and  others  interested.  If  held  for  even  a  few 
hours  before  opening,  there  is  always  a  possibility  of  fraud.  This  pos- 
sibility is  reduced  to  a  minimum  when  they  are  immediately  opened  and 
immediately  read  in  public. 

If  time  is  essential  to  tabulate  the  bids,  then  the  time  of  opening 
the  bids  should  be  made  early  enough  to  permit  of  such  tabulation  be- 
fore the  meeting  of  the  legislative  body  who  is  to  make  a  final  award. 

§  137.  Letting  the  Work. — In  the  letting  of  work,  various  con- 
siderations may  influence  those  who  have  the  matter  in  charge.  The 
lowest  and  best  bid  should  always  be  selected.  In  many  cases  the 
right  decision  is  obvious,  but  the  question  may  arise  as  to  what  con- 
stitutes the  best  bid.  Differences  in  opinion  may  honestly  arise  from 
difference  of  experience,  concerning  men,  methods  and  the  weight  to 
be  given  to  various  factors.  Familiarity  with  a  particular  contractor 
may  impress  the  individual  favorably  or  unfavorably  as  the  case  may 
be,  and  fortunate  or  unfortunate  experience  with  a  certain  material 
or  machine  may  create  an  unfair  judgment  concerning  the  same,  when 
it  is  compared  with  another  similar  material  or  machine,  which  the 
actual  conditions  do  not  warrant.  Personal  prejudice  is  an  important 
factor  in  judgment  which  the  engineer  should  endeavor  to  eliminate 
from  his  own  decisions. 

The  following  factors,  with  the  exception  of  items  "C"  and  "D," 
may  be  legitimate  influences  in  the  letting  of  a  contract.1     Factor  "C" 
is  evidently  corrupt  while  "D"  is  due  to  personal  prejudice : 
In  General. 

A.  Price. 

B.  Experience  and  Responsibility. 

i  Suggestion  taken  with  alterations  from  Power,  Feb.,  1905,  p.  112. 


220  Advertising  and  Letting  Contract 

C.  Politics. 

Graft. 
Friendship. 
Reciprocity. 

In  selecting  materials,  supplies,  etc.,  the  following  factors  also  en- 
ter: 

D.  Fashion. 

E.  Appearance. 

Symmetry. 
Finish. 
In  selecting  machinery  the  following  may  also  apply : 

F.  Reputation. 

Of  Manufacturer. 
Financial. 
Dependability. 
For  Efficiency. 
As  a  machine. 
Capacity. 
Safety. 
Simplicity. 
Regulation. 
Design. 

Accessibility. 

Adjustability. 

Materials. 

Dimensions. 

Accessories. 
Workmanship. 

G.  Delivery. 

Promised. 

Distance  of  shipment. 

LITERATURE 

Bids  for  Municipal  Works.  Discussion  of  value  of  published  bid  prices. 
Editorial.  Eng.  Rec.  Vol.  49,  p.  406. 

The  Right  to  Withdraw  Erroneous  Bids.  Account  of  Court  ruling  allow- 
ing withdrawal.  Eng.  News,  Vol.  37,  April  30,  1898. 

The  Award  of  a  Contract  for  Public  Work  to  a  High  Bidder.  Court  au- 
thorized City  of  New  York  to  award  contract  to  best  bidder.  Eng.  Rec.  Vol.  54, 
p.  37. 


Literature  221 

Awarding  Public  Contracts  to  High  Bidders.  Account  of  Court  ruling  that 
award  to  high  bidder  was  illegal.  Eng.  Rec.  Vol.  54,  p.  419. 

The  Rejection  of  all  Bids  for  Public  Work.  Objections  to  this  procedure. 
Editorial.  Eng.  Rec.  Vol.  58,  p.  29. 

The  Requirements  and  Theory  of  the  Advertisement  or  Notice  to  Bidders 
on  Contracts  for  Public  Works,  by  Jerome  Cochran.  Eng.  News,  Vol.  66, 
p.  306. 

Instructions  to  Bidders  on  Contracts,  by  Jerome  Cochran.  Eng.  News, 
March  7,  1912,  pp.  434  and  453. 

Security  for  Contracts.  Desirability  of  retained  payments.  Editorial. 
Eng.  Rec.  Vol.  55,  p.  315. 

Surety  Bonds  of  Three  Classes,  Bid  on  Proposal,  Contract  and  Maintenance 
Bonds.  Discussion  of  the  bonds  and  fairness  in  contracts,  by  Fair  Dodd. 
Eng.  World,  Vol.  4,  p.  401. 

Concerning  Contractors  Surety  Bonds.  Discussion  of  failure  of  surety 
company's  bonds  to  serve  purpose  by  A.  H.  Markwart.  Eng.  News,  Vol.  71, 
p.  1035. 

Contractors  and  Sureties.  Recent  decisions  by  U.  S.  Supreme  Court  and 
obligations  that  must  be  assumed  in  case  of  stoppage  work,  by  Geo.  A.  King. 
Eng.  Rec.  Vol.  70,  p.  50. 

Low  Bidder  Forfeits  Surety.  Account  of  court  ruling  at  Cleveland,  Ohio. 
Eng.  Rec.  Vol.  70,  p.  219. 


CHAPTER  XIII 

CONTRACTS 

• 

§  138.  Ordinary  Business  Transactions. — Almost  all  business 
transactions  involve  contracts,  either  actual  or  implied.  The  majority 
of  minor  business  transactions  are  so  definite  and  so  quickly  executed 
that  no  written  memoranda  are  either  necessary  or  desirable. 

A  calls  B,  a  coal  merchant,  by  telephone  and  inquires  the  price 
of  hard  coal.  B  replies  $9  per  ton.  A  asks  to  have  ten  tons  delivered. 
B  delivers  the  coal ;  A  sends  a  check  for  $90.  The  transaction  is  com- 
plete ;  an  oral  express  contract  has  been  entered  into  and  performed ; 
no  writing  was  necessary. 

§  139.  Necessity  of  Written  Agreements. — When,  however,  the 
transactions  become  at  all  complicated,  and  where  much  time  will 
elapse  prior  to  or  before  final  performance,  the  details  of  the  agreement 
may  become  indistinct  or  uncertain  in  the  minds  of  one  or  both  of  the 
parties,  unless  the  same  are  reduced  to  writing. 

While  an  express  contract  may  be  either  oral  or  written,  it  is 
highly  desirable  that  if  it  is  not  to  be  immediately  performed  and  com- 
pleted, it  should  be  made  in  writing  in  order  that  a  record  of  the 
transactions  shall  be  made  both  as  a  memorandum  for  the  informa- 
tion of  the  parties  themselves,  or  for  their  administrators  in  case  of 
death.  This  is  especially  desirable  whenever  the  agreement  is  of  mo- 
ment, and  especially  where  it  is  at  all  complicated  by  general  or  tech- 
nical specifications  of  any  kind  that  may  possibly  be  misunderstood, 
overlooked  or  forgotten  before  its  execution,  or  where  other  grounds 
of  dispute  may  possibly  arise. 

The  habit  of  making  all  agreements,  orders  and  instructions  in 
writing  will  avoid  much  confusion,  many  misunderstandings  and  pos- 
sible litigation. 

It  is  not  always  essential  to  prepare  elaborate  contracts.  The  de- 
gree of  detail  with  which  they  should  be  prepared  must  depend  largely 
upon  the  nature  of  the  contract  and  the  object  for  which  they  are  writ- 
ten. Brief  contracts  with  little  or  no  detail,  are  warranted  for  circum- 
stances under  which  competition  is  limited  to  contractors  known  to  be 
responsible  and  experienced,  and  whose  material,  work  or  machinery 
can  be  taken  on  their  merit  with  few  questions  as  to  the  character  of  de- 
tails. 


Contract  by  Letter  223 

§  140.  A  Contract  Made  by  Letter. — In  simple  transactions  the 
contract  may  consist  of  an  inquiry,  an  offer  and  an  acceptance  in  the 
form  of  letters,  which  together  will  constitute  a  contract.  A.  B.  C,  a 
manufacturer  of  Rockford,  Illinois,  desires  to  arrange  for  a  supply 
of  coal  for  power  purposes,  and  writes  to  various  parties  for  prices. 
Among  others,  he  writes  X.  Y.  Z.  of  La  Salle,  Illinois,  as  follows: 
Messrs.  X.  Y.  Z.,  Rockford,  Illinois,  Nov.  i,  1915. 

La  Salle,  Illinois. 
Gentlemen: 

We  shall  need  during  the  year  1916,  about  twelve  hundred  tons  of 
soft  coal,  mine  run,  for  power  and  heating  purposes.  We  desire  the 
coal  delivered  on  the  side  track  at  our  factory  in  this  city,  as  needed. 

Will  you  kindly  advise  us  at  your  early  convenience  if  you  will  fur- 
nish this  coal,  and  at  what  price?  Very  truly  yours, 

A.  B.  C. 

To  this  X.  Y.  Z.  replies : 
Messrs.  A.  B.  C.,  La  Salle,  III.,  Nov.  10,  1915. 

Rockford,  Illinois. 
Gentlemen: 

In  reply  to  your  favor  of  the  first  instant:  we  will  furnish  you 
mine  run  coal  from  our  Chapin  mine  near  this  city,  twelve  hundred 
tons  of  coal,  more  or  less,  as  needed  by  you,  delivered  f .  o.  b.  cars  at  our 
mine,  for  the  sum  of  one  dollar  and  fifty  cents  ($1.50)  per  ton,  freight 
allowed  to  Rockford. 

It  is  understood  that  you  are  to  advise  us  on  or  before  the  I5th  of 
each  month  the  amount  of  coal  needed  for  the  following  month,  and 
are  to  pay  for  the  amount  of  coal  delivered  each  month  on  or  before 
the  1 5th  of  the  following  month. 

Hoping  to  receive  your  order  for  the  same  we  are 

Very  respectfully  yours, 

X.  Y.  Z. 

A.  B.  C.  having  used  mine  run  coal  from  Chapin  mine  is  satisfied 
with  the  quality  and  price  and  writes : 
Messrs.  X.  Y.  Z.,  Rockford,  III.,  Nov.  11,  1915. 

La  Salle,  Illinois. 
Gentlemen: 

Your  proposition  of  the  loth  instant  to  furnish  the  coal  for  our 
factory  for  the  year  1916,  together  with  the  terms  of  payment  sub- 
mitted, is  satisfactory  and  is  accepted. 

Very  truly  yours, 

A.  B.  C. 


224  Contracts 

These  letters  constitute  a  contract,  which  is  enforcible  at  law. 
A.  B.  C.  must  accept  the  "mine  run  coal"  from  the  Chapin  mine,  and 
would  probably  have  no  recourse  if  the  quality  had  deteriorated,  as  he 
has  made  no  specification  concerning  quality,  except  that  the  coal  be 
"mine  run"  and  from  the  Chapin  mine. 

§  141.  Contract  by  Acceptance  of  Letter. — In  general,  the  nego- 
tiations may  not  be  as  brief  and  to  the  point  as  in  the  above  letters.  The 
correspondence  may  be  more  voluminous,  and  it  may  be  desirable  to  in- 
clude all  negotiations  in  a  single  instrument,  in  which  case  the  desired 
end  may  be  accomplished  by  a  direct  written  offer  and  acceptance  or 
by  a  more  formal  agreement,  either  of  which  should  be  signed  in  du- 
plicate. 

Contract  consummated  by  acceptance  of  written  offer. 

Messrs.  A.  B.  C.,  La  Salle,  Illinois,  Nov.  20,  1915. 

Rockford,  Illinois. 
Gentlemen: 

In  accordance  with  our  previous  correspondence,  we  agree  to  fur- 
nish you  the  amount  of  coal  needed  by  your  factory  during  the  year 
1916,  about  twelve  hundred  (1,200)  tons  more  or  less  of  two  thou- 
sand (2,000)  pounds  each  at  the  price  of  one  dollar  and  fifty  cents 
($1.50)  per  ton. 

This  coal  shall  be  mine  run  and  from  our  Chapin  mine,  and  shall  be 
delivered  during  the  year  1916  as  needed  by  you,  f.  o.  b.  cars  on  the 
side  track  at  said  mine,  with  freight  allowed  to  Rockford. 

Your  order  for  each  month's  delivery  must  be  sent  on  or  before 
the  1 5th  of  the  preceding  month.  Payments  for  all  coal  delivered 
during  any  month  shall  be  made  on  or  before  the  I5,th  of  the  month 
following.  Letter  in  duplicate;  please  return  one  copy. 

Very  truly  yours, 

ACCEPTED:  X.  Y.  Z. 

A.  B.  C. 

§  142.  A  Formal  Contract. — 

MEMORANDA  OF   AGREEMENT 

It  is  mutually  agreed  between  A.  B.  C.  and  X.  Y.  Z.,  this  twen- 
tieth day  of  November,  A.  D.,  1915,  that  the  said  X.  Y.  Z.  shall  fur- 
nish the  said  A.  B.  C.,  f.  o.  b.  cars  on  the  sidetrack  of  the  Chapin  mine, 
located  near  La  Salle,  Illinois,  all  coal  that  will  be  needed  by  him  for 


Formal  Contract  225 

the  use  of  his  factory  at  Rockford,  Illinois,  during  the  year  1916,  about 
twelve  hundred  tons  (of  2,000  Ibs.)  more  or  less  and  the  coal  fur- 
nished shall  be  Mine  Run  Coal  from  said  Chapin  mine. 

This  coal  shall  be  delivered  during  the  year  1916,  and  as  needed. 
The  order  for  each  month's  delivery  shall  be  sent  on  or  before  the  I5th 
of  the  preceding  month.  Trie  said  A.  B.  C.  agrees  to  pay  the  said 
X.  Y.  Z  the  sum  of  one  dollar  and  fifty  cents  ($1.50)  per  ton  for  said 
coal,  with  freight  allowed  from  the  Chapin  mine  to  Rockford,  Illinois, 
and  all  payments  shall  be  made  on  or  before  the  fifteenth,  of  the  month 
for  all  coal  delivered  during  the  preceding  month. 

Signed      A.  B.  C. 

Witness :  Signed      X.  Y.  Z. 

D.  C.  W. 

§  143.  Written  Executory  Contracts. — The  written  executive 
contract  may  include  all  forms  from  the  simple  contracts,  such  as  shown 
above,  in  which  no  technical  specifications  are  included  and  the  general 
conditions  are  few,  to  the  elaborate  contract  necessary  for  the  more 
complicated  technical  work  that  requires  the  preparation  of  numerous 
general  conditions  and  many  general  and  detailed  specifications.  In 
every  case  the  contract  or  article  of  agreement  should  include,  besides 
all  requirements  for  (a  valid  contract  (see  Sec.  101), 

1.  Parties  to  the  contract  (names,  description,  residence,  etc.). 

2.  Subject  matter: 

Promises  to  be  performed  (work,  materials,  etc.,  to  be  fur- 
nished or  done). 
Counter-promises  (payments  to  be  made). 

3.  Time  of  performance. 

4.  Date  of  contract. 

5.  Signatures. 

These  matters  are  usually  written  in  a  more  or  less  formal  manner 
with  certain  set  forms  of  introduction,  declaration  and  closure,  which 
are,  however,  legally  unessential.  The  essential  features  of  an  agree- 
ment are  simply  those  features  necessary  to  indicate  clearly  the  nature 
and  extent  of  the  obligations  assumed  by  all  parties  concerned. 

In  many  cases  the  purchaser  may  not  be  acquainted  with  the  ex- 
act nature  of  the  material  or  supplies  which  can  be  purchased  from  a 
certain  miner,  manufacturer  or  dealer,  and  may  desire  to  secure  ma- 
terial or  supplies  of  a  certain  and  definite  kind,  or  he  may  desire  cer- 
tain work  done,  machinery  furnished  or  structures  built  in  a  certain 


226  Contracts 

way,  for  a  certain  purpose,  or  to  accomplish  certain  results.  There 
may  also  be  certain  responsibilities  which  the  owner  desires  the  con- 
tractor to  assume,  and  the  contractor  may  be  asked  to  agree  to  certain 
conditions  in  regard  to  supervision,  inspection,  etc.,  and  may  also  in- 
clude certain  further  conditions  in  regard  to  the  manner  and  methods 
of  conduct  of  the  work,  and  certain  conditions  in  regard  to  the  financial 
arrangements,  payments,  etc.,  may  be  desired. 

In  order  that  the  owner  may  secure  a  definite  offer  for  the  under 
taking,  he  should  prepare  a  form  of  agreement  which  should  contain 
all  the  conditions  and  specifications  which  may  be  necessary  to  describe 
clearly  the  undertaking  and  make  his  wishes  in  the  premises  definitely 
and  distinctly  manifest. 

In  case  these  conditions  and  specifications  are  brief,  they  may  be 
written  into  the  form  of  agreement  but  where  they  are  elaborate  and 
involved  they  may  better  be  included  by  reference  in  the  agreement 
and  be  prepared  as  one  or  more  separate  and  distinct  paper  which  may 
be  included  under  several  heads  such  as:  General  conditions,  General 
specifications,  and  Specifications  for  

In  any  event  the  agreement  either  within  itself  or  together  with 
the  attached  papers  should  explain  exhaustively  all  matters  concerning 
the  work  and  material,  and  should  contain  all  covenants  regarding 
supervision,  conduct  of  the  work,  responsibility  of  either  party,  pay- 
ments, guarantees  and  all  specifications  relative  to  the  methods  to  be 
employed  in  its  performance,  and  the  materials,  supplies  and  appliances 
to  be  furnished  or  used  in  the  construction.  Clearness,  explicitness, 
inclusiveness,  brevity,  and  proper  arrangement  are  ends  to  be  attained 
in  their  preparation.  That  and  only  that  which  it  is  desirable  to  cove- 
nant or  to  specify,  should  be  included,  and  all  covenants  and  specifica- 
tions should  be  stated  in  the  shortest  and  clearest  terms  compatible 
with  a  proper  and  clear  understanding  of  the  matter  intended  to  be  set 
forth. 

The  complete  form  of  agreement,  including  all  covenants  and 
specifications,  forms  the  basis  for  the  negotiations  for  a  contract. 
While  in  important  work  the  form  of  agreement  is  usually  prepared  by 
one  party  to  the  contract  without  consultation  with  the  other  party, 
who  in  general  is  unknown,  it  must  be  so  prepared  that  all  its  clauses 
will  be  acceptable  or  accepted  by  the  contractor  or  no  contract  can  be 
made  without  its  modification. 

Frequently  the  negotiations  are  preceded  by  an  advertisement,  the 
purpose  of  which  is  to  call  the  attention  to  the  undertaking,  and  often 
further  information  is  given  to  those  who  desire  to  become  contractors 


Written  Executory  Contracts  227 

through  information  included  in  a  paper  entitled  "Instructions  to  Bid- 
ders/' or  "Information  to  Bidders"  and,  lastly,  an  offer  to  perform 
the  undertaking  may  be  made  on  a  prepared  form  by  which  the  various 
bidders  offer  to  perform  the  undertaking  under  the  proposed  agree- 
ment, at  a  certain  price  or  at  certain  prices  which,  being  submitted  in 
the  same  way,  become  comparative,  unless  other  factors  besides  price, 
such  as  difference  in  quality  of  material,  in  workmanship,  or  in  experi- 
ence and  reliability,  become  of  importance.  When  a  satisfactory  pro- 
posal is  received,  it  is  accepted  subject  to  the  making  of  a  written  con- 
tract, in  which  event  the  "Advertisement,"  "Instructions/'  "Proposal/' 
and  "Form  of  Agreement/'  "General  Conditions/'  "General  Specifica- 
tions/' and  "Detailed  Specifications"  are  united,  and  when  signed,  con- 
stitute the  contract.  In  some  cases  the  drawings  are  also  attached  to 
the  contract,  but  in  most  cases  they  are  included  by  reference  only, 

§  144.  Form. — All  agreements  upon  which  bids  are  to  be  re- 
quested and  contracts  are  to  be  based  should  be  complete  and  should 
be  so  arranged  as  to  lead  to  the  utmost  clearness  in  the  understanding 
of  what  is  necessary  in  making  out  proposals,  submitting  bids,  enter- 
ing into  the  contract,  and  executing  the  obligation.  The  arrange- 
ment should  also  be  such  as  will  facilitate  ready  reference  to  each  and 
every  point  which  is  therein  mentioned.  Completeness  is  necessary  on 
account  of  the  fact  that  an  acceptance  of  an  offer,  to  legally  consum- 
mate a  contract,  must  be  identical  with  the  offer,  and  the  fulfillment 
of  an  offer  cannot  be  enforced  if  it  involves  the  signing  of  a  contract 
containing  other  and  more  onerous  conditions  than  those  on  which 
the  offer  is  based.  Hence,  if  the  papers  are  entirely  complete  and 
available  at  the  time  the  proposal  is  made,  the  acceptance  will  usually 
consummate  the  contract.  It  is  therefore  also  desirable  that  an  ac- 
ceptance be  made  provisional  on  the  final  consummation  of  the  written 
contract. 

A  systematic  and  orderly  method  in  the  preparation  of  all  the 
papers  in  connection  with  any  contract  is  advisable,  for  by  adopting 
such  methods  the  ground  can  be  completely  and  systematically  covered 
and  no  details  omitted.  To  facilitate  uniformity  and  to  prevent  omis- 
sion and  misunderstanding,  the  arrangement  of  papers  should  usually 
be  such  that  by  the  filling  of  blanks,  the  attachment  of  such  supple- 
mentary specifications  as  the  contractor  may  be  required  to  furnish, 
the  signing  of  the  agreement,  and  execution  of  the  bond,  the  contract 
can  be  consummated. 

The  agreement  often  includes  the  "General  Conditions,"  and  even 
the  "Specifications."  The  general  conditions  are  sometimes,  and  the 


228  Contracts 

specifications  often,  written  separately  and  confined  to  their  own  par- 
ticular subject.  The  incorporation  of  either  the  general  conditions  or 
the  specifications  into  the  agreement  is  not  essential,  as  a  reference 
in  the  agreement  to  any  papers,  and  their  attachment  thereto,  make 
them  equally  a  part  of  the  contract.  This  is  also  true  of  the  "Adver- 
tisement'' "Instructions,"  "Proposal,"  etc.  Even  a  proper  reference 
to  these  papers,  sufficient  for  their  identification,  is  sufficient  to  make 
them  a  part  of  the  contract,  though  unattached,  but  identification  is  com- 
plete if  they  are  attached.  A  reference  to  the  drawings,  sufficient  for 
identification,  is  all  that  is  necessary,  and  the  attachment  of  such  draw- 
ings to  the  contract  is  unusual  except  in  the  case  of  standard  machin- 
ery where  photographs  and  illustrations  may  either  be  attached  to  or 
accompany  the  contract.  These  papers  when  printed  are  often  printed 
and  bound  in  the  ordinary  legal  document  form,  that  is,  bound  at  the 
top  and  opening  from  the  bottom.  The  pamphlet  form,  however,  is 
largely  used  and  is  much  handier  for  reference  and  much  to  be  pre- 
ferred to  the  legal  form.  When  the  papers  are  printed,  and  the  legal 
form  is  used,  the  matter  should  usually  be  printed  on  only  one  side 
of  the  paper,  as  this  arrangement  offers  greater  facilities  for  examina- 
tion and  use.  In  the  pamphlet  form,  both  sides  of  each  sheet  may  be 
utilized,  the  papers  being  therefore  less  bulky.  In  the  arrangement  of 
the  matter  in  either  case,  the  following  order  may  be  used : 

Title:  Front  page  of  cover.     (Description  only.) 

Advertisement:  Second  page  of  cover.  (Sometimes  printed  on 
the  back  of  the  cover,  and  generally  omitted  in  private  con- 
tracts.) 

Table  of  Contents  (or  Index.) 

Estimate  of  Amounts  of  Work  to  be  Done.  (Not  essential,  but 
often  desirable.) 

Instructions  to  Bidders.  (  Often  included  under  either  heading; 

Information  for  Bidders  (       not  used  in  simple  contracts. 

Form  of  Proposal. 

Form  of  Bond  with  Proposal.     (If  one  is  used.) 

Agreement. 

General  Conditions.       f  _.  , 

~          ,  0       .r              J  Either  as  a  part  of  or  separate  from  the 

General  specifications.  •<  .           . 

n  *.  -i  j  o*.     •£    *•  form  of  agreement. 

Detailed  Specifications.  L 

Form  of  Bond  with  Agreement.     (This  may  be,  and  usually  is,  a 

separate  instrument.) 
Form  for  Filing.     (Back  page  of  cover.) 


Form  229 

When  the  advertisement  is  printed  on  the  back  of  the  cover,  it 
should  be  so  arranged  that  when  the  document  is  folded,  the  form  of 
filing  will  be  on  one  side  and  the  advertisement  on  the  other  side. 
Sometimes  the  printed  advertisement  is  cut  from  the  paper  in  which 
it  appears,  and  is  fastened  to  the  Form  of  Contract,  which  answers 
every  purpose. 

The  bond  to  accompany  the  contract  may  be  made  a  separate  in- 
strument and  not  included  under  the  same  cover  as  the  other  papers. 
This  is  certainly  as  well,  as  reference  to  the  bond  is  seldom  necessary, 
while  the  agreement  and  specifications  are  generally  required  for  fre- 
quent reference. 

§  145.  General  Clauses  for  Agreement. — When  the  general  con- 
ditions are  not  included  in  the  form  of  agreement  it  should  usually 
include  only  those  important  covenants  that  define,  and  fix  the  direct 
relation  of  the  parties  to  each  other  in  the  most  important  matters. 
The  following  are  suggested  as  the  headings  under  which  the  datr>\ 
for  an  agreement  may  be  prepared,  subject  to  such  modification  as  may 
be  found  desirable  on  different  classes  of  work : 

Outline  for  Agreements 

1.  Introduction  of  agreement  and  date  of  same. 

2.  Designation  of  parties,  name,  description  and  residence. 

3.  Declaration  of  agreement,  parties  and  legal  representation. 

4.  Exhibits  as  attached  conditions,  specification,  drawings,  etc. 

5.  Time  of  beginning  and  completion. 

6.  Liquidated  damages. 

7.  Payment. 

8.  General  provisions,  bond,  etc. 

9.  Final  clauses,  date  or  reference  to  date,  signatures,  seal,  wit- 
nesses and  acknowledgment. 

Discussion  of  Articles  of  Agreement 

i.  Introduction  to  Agreement  and  Date  of  Same. — No  specific 
form  of  introduction  is  required  by  law.  A  great  variety  of  forms  are 
in  use  among  which  may  be  noted  the  following : 

a.  "This  agreement  made  and  concluded  this  day  of  ,  A.  D. 

by  and  between ." 

b.  "This  contract  made  and  concluded  by  and  between ." 


230  Contracts 

The  date  on  which  a  contract  was  made  often  becomes  of  much 
importance  and  should,  therefore,  be  duly  recorded.1  In  form  "b"  the 
date  is  usually  written  at  the  end  of  the  contract. 

2.  Designation  of  Parties,  Names,  Residences  and  Description  of 
Same. — No  specific  form  is  required  for  this  particular  clause  of  the 
agreement,  but  the  parties  to  the  contract  should  be  so  clearly  desig- 
nated that  their  residence  and  their  relations  to  the  contract  will  be 
fully  understood.  The  following  form  is  commonlv  used : 

"By  and  between  the  City  of  Madison,  a  municipal  corporation  in 
the  County  of  Dane,  State  of  Wisconsin,  represented  by  the  Mayor  and 
City  Clerk,  party  of  the  first  part,  and  The  Blank  Construction  Company, 
a  corporation  organized  and  existing  under  the  laws  of  the  State  of 
Illinois  with  its  principal  office  in  the  City  of  Chicago,  County  of  Cook  and 
State  of  Illinois,  represented  by  John  Doe,  General  Manager,  party  of  the 
second  part." 

When  a  contract  is  made  by  a  corporation  through  its  authorized 
representatives  or  agents,  the  relation  and  authority  of  the  representa- 
tives or  agents  should  be  clearly  stated  in  order  that  the  authority  may 
be  properly  investigated  and  clearly  understood,  and  in  order  that  the 
personal  liability  of  the  representatives  or  agents  may  be  avoided.2 
"By  and  between  the  Mayor,  Aldermen,  and  Commonalty  of  the  City  of 
New  York,  acting  by  and  through  the  Aqueduct  Commissioners,  by  virtue 
of  the  power  vested  in  them  by  Chapter  490  of  the  Laws  of  1883,  of  the  State 
of  New  York,  parties  of  the  first  part,  and ." 

The  following  example  used  by  the  Metropolitan  Water  and  Sew- 
erage Board  differs  somewhat  in  form  from  the  preceding : 

" — ,  and  the  Metropolitan  Water  and  Sewerage  Board 

duly  constituted,  and  appointed  under  and  according  to  the  provisions  of 
Chapter  168  of  the  Act  of  the  Legislature  of  the  Commonwealth  of  Massa- 
chusetts of  the  year  1901,  herein  acting  for  the  Commonwealth,  and  without 
personal  liability  t<?  themselves,  and  hereinafter  designated  as  con- 
tractor agree  as  follows:" 

As  different  states  have  different  statutory  modifications  of  the 
common  laws,  it  is  important  that  the  residence  of  both  parties  to  a 
contract  be  stated.  If  the  parties  to  a  contract  reside  in  different 
states,  the  place  at  which  the  contract  is  made  will  ordinarily  fix  the 
laws  under  which  the  contract  is  to  be  interpreted.  This  matter  may 
be  definitely  fixed,  however,  by  including  in  the  agreement  a  statement 
that: 

"This  contract  is  to  be  regarded  as  a  Wisconsin  (or  such  other  state  as 
may  be  desired)  contract." 


1  See  Wait,  Engineering  and  Architectural  Jurisprudence,  sec.  59. 

2  Wait,  Engineering  and  Architectural  Jurisprudence,  sees.  29-39. 


General  Clauses  231 

The  term  "party  of  the  first  part"  conventionally  applies  to  the 
person  who  contracts  to  sell,  lease,  or  have  performed  the  subject  mat- 
ter of  the  contract.  The  term  "party  of  the  second  part"  convention- 
ally applies  to  the  person  who  agrees  to  take  or  to  purchase  the  article 
or  to  perform  the  contract.  The  use  of  these  terms  is  frequently 
avoided  by  using  instead  some  designation  for  the  parties,  such  as 
"the  company,"  "said  contractor,"  "said  owner,"  "said  board/'  "said 
manufacturer,"  etc.,  etc. 

3.  Declaration  of  Agreement — Parties  and  Legal  Representatives. 
This  clause  may  also  differ  greatly  in  form.     The  following  is  a  com- 
mon form : 

"Witnesseth  that  for  and  in  consideration  of  the  payments  and  agree- 
ments hereinafter  mentioned  to  be  made  and  performed  by  said  Party  of 
the  First  Part  and  under  the  penalty  expressed  in  a  bond,  bearing  even  date 
herewith,  the  said  party  (or  parties)  of  the  Second  Part  agree  with  the 
said  Party  of  the  First  Part  at  his  (or  their)  own  proper  cost  and  expense 
to  do  all  work  and  furnish  all  material  called  for  by  this  agreement  in  the 
manner  and  under  the  conditions  hereinafter  specified." 

Provisions  for  the  death  or  incompetency  of  either  party  to  a  con- 
struction contract  are  usually  provided  for  by  definitely  including  "the 
heirs,  executors,  administrators,  or  assigns"  of  a  person,  or  the  "suc- 
cessors or  assigns"  of  a  corporation.3 

Example — 

"The  said  Party  of  the  Second  Part  does  hereby,  for  himself,  his  heirs, 
executors,  administrators  or  assignees,  promise  and  agree  with  the  said 
Party  of  the  First  Part,  its  successors  or  assigns,  at  his  own  proper  cost 
and  expense,  etc." 

When  a  contract  is  made  for  the  personal  skill  or  professional 
knowledge  of  the  contractor,  it  will  be  discharged  by  his  death,  other- 
wise the  legal  representative  of  the  contractor  is  liable  under  it  and 
reference  to  "heirs,  administrator  or  executor5'  is  unnecessary.  Their 
mention  in  the  contract  is,  however,  evidence  that  the  contract  is  not 
of  such  a  personal  character.  In  the  same  way  the  term  "assignee" 
should  be  omitted  either  when  "personal  skill"  is  contracted  for  or  when 
the  agreement  includes  clauses  prohibiting  an  assignment  of  the  con- 
tract.4 

4.  Exhibits. — When  the  general  conditions  and  specifications  are 
not  included  in  the  form  of  agreement,  a  paragraph  must  be  introduced 


Ibid,  sees.  7-12. 
Ibid,  sees.  13-16. 


232  Contracts 

in  the  agreement  by  which  it  is  stipulated  that  such  conditions,  specifi- 
cations, etc.,  as  may  be  essential  are  to  be  attached  thereto  and  made 
a  part  thereof.  For  example : 

"The  parties  to  this  agreement  hereby  stipulate  that  the  following  ex- 
hibits, which  are  attached  hereto,  are  made  a  part  hereof  as  though  written 
herein : 

The  advertisement  marked  "Exhibit  A." 

The  instruction  to  bidder  marked  "Exhibit  B." 

The  form  of  proposal  marked  "Exhibit  C." 

The  general  condition  marked  "Exhibit  D." 

The  general  specification  marked  "Exhibit  E." 

The  detailed  specification  marked  "Exhibit  F," 

The  contract  drawings  marked  "Exhibit  G." 

Exhibit  G  shall  consist  of  drawings  described  and  numbered  as  follows: 


Here  should  follow  the  title  and  number  or  other  distinctive  mark 
of  the  various  drawings. 

When  the  general  conditions  are  included  in  the  form  of  agree- 
ment and  the  specifications  are  not,  the  clause  concerning  the  exhibits 
makes  them  a  part  of  said  agreement,  such  as  the  following: 

a.  "All  work  shall  be  done  and  all  material  furnished  in  strict  conform- 
ity with  appended  advertisement  marked  'Exhibit  A,'   instructions  to  bid- 
ders marked  'Exhibit  B,'  and  specifications  marked  'Exhibit  C,'  which  are 
appended  hereto  and  are  hereby  made  a  part  of  this  agreement,'  or 

b.  "And  it  is  further  expressly  agreed  that  the  said  excavation  shall  be 
made  and  said  masonry  shall  be  built,  and  all  grading  and  filling  shall  be 
done,  and  all  work,  labor  and  material  to  be  done  and  furnished  under  this 
contract  shall  be  done  and  furnished  strictly  pursuant  with  and  in  conform- 
ity to  the  specifications  hereto  annexed  which  are  made  a  part  of  this  agree- 
ment." 

5.  Time. — When  the  general  conditions  are  not  included  in  the 
agreement  and  the  time  of  completion  is  a  matter  of  considerable  im- 
portance, one  of  the  articles  in  the  general  form  of  agreement  is  com- 
monly devoted  to  this  subject,  although  the  further  general  conditions 
and  stipulations  in  regard  to  delays,  extension  of  time,  and  forfeitures 
are  placed  in  the  general  conditions. 

The  article  in  the  form  of  agreement  may  be  essentially  as  fol- 
lows: 

The  contractor  further  agrees  to  begin  work  within —  days  from 

the  date  of  this  agreement  and  to  prosecute  the  work  so  that  it  will  be  en- 
tirely completed  on  or  before .    The  maintenance  of  a  greater  progress 

in  this  work  which  will  result  in  its  completion  within  a  specified  time,  is 
an  essential  feature  of  this  contract,  and  the  contractor  agrees  to  do  all 


General  Clauses  233 

things  and  to  take  all  necessary  precautions  to  insure  the  rate  of  progress 
and  the  time  of  completion  as  stated  and  denned  in  this  agreement  and  in 
the  attached  specification. 

6.  Liquidated  Damages? — The  liquidated  damages  to  be  paid  by 
a  contractor  for  delays  in  the  completion  of  the  work  undertaken  by 
him  to  be  completed  in  a  given  time  under  the  stipulations  outlined  in 
paragraph  5  are  usually  of  sufficient  importance  to  be  included  as  one 
of  the  articles  in  the  form  of  agreement,  even  in  cases  where  the  gen- 
eral conditions  are  made  a  separate  exhibit  of  the  contract.     This  may 
be  done  by  stipulations  essentially  as  follows : 

The  party  of  the  second  part  agrees  to  pay  the  party  of  the  first  part 

as  liquidated  damages  the  sum  of dollars  per  day  for  each  and  every 

day  that  he  delays  the  completion  of  the  entire  work  to  be  done  under  this 
contract;  and  the  party  of  the  first  part  shall  have  the  right  to  deduct  the 
amount  of  any  such  liquidated  damages  from  any  moneys  due  or  which 
may  become  due  to  the  party  of  the  second  part  under  this  contract,  and  to 
collect  from  the  party  of  the  second  part  and  his  sureties  any  excess  of  such 
liquidated  damages  over  and  above  the  amount  that  would  be  otherwise  due 
the  contractor. 

7.  Payments. — The  payments  to  be  made  under  an  agreement  are 
provided  for  in  various  ways.     In  some  cases  the  form  of  proposal, 
after  being  accepted,  is  attached  as  an  exhibit  to  the  agreement,  in 
which  case  it  is  stipulated  in  the  agreement  that  payments  shall  be 
made  in  accordance  with  the  prices  set  forth  in  the  exhibit  and  in  con- 
formity with  the  general  conditions  and  specifications  attached  to  the 
agreement.     In  other  cases,  a  schedule  of  unit  prices  and  estimated 
quantities  is  included  as  one  of  the  articles  in  the  general  form  of 
agreement.     This  is  apparently  done  for  the  reason  that  the  payments 
are  a  most  important  factor  and  that  such  importance  warrants  their 
insertion  into  the  agreement  itself.     These  two  forms  are  shown  in  the 
following  examples: 

(a)  For  and  in  consideration  of  the  faithful  performance  of  the  con- 
tract by  the  party  of  the  second  part  in  full  accordance  with  the  plans  and 
specifications,  and  with  the  stipulations  herein  contained  or  attached  hereto, 
the  party  of  the  first  part  agrees  to  pay  to  the  party  of  the  second  part  the 
prices  set  forth  in  the  form  of  proposal,  which  is  marked  "Exhibit  C"  and 
attached  hereto  and  made  a  part  hereof.     Said  payments  shall  be  made  in 
accordance  with  the  general  conditions  and  specifications  attached  hereto. 

(b)  For  and  in  consideration  of  the  faithful  performance  of  this  con- 
tract by  the  party  of  the  second  part  in  full  accordance  with  all  of  the  pro- 
visions of  the  same  as  set  forth  in  this  agreement  and  in  the  various  ex- 


s  See  also  Paragraph  M,  Sec.  153. 


234  Contracts 

hibits  attached  hereto,  the  party  of  the  first  part  agrees  to  pay  to  the  party 
of  the  second  part,  in  the  manner  and  at  the  times  hereafter  set  forth,  and 
at  the  rates  mentioned  and  described  in  the  following  schedule  of  unit  prices, 
to  wit: 

SCHEDULE  OF  UNIT  PRICES 
Item        Class        Unit  of  Quantity        Unit  Price 

8.  Provisions  for  Bond,  etc. — The  provisions  for  bond  are  some- 
times included  under  paragraph  3,  as  shown  in  the  examples  given 
therein.     In  other  cases  they  are  stipulated  in  an  article  at  the  end  of 
the  form  of  agreement,  essentially  as  follows : 

"Contract  and  Band. — It  is  further  agreed  by  the  parties  to  this  contract 
that  this  contract  shall  be  executed  in  triplicate,  one  copy  being  retained 
by  the  party  of  the  first  part,  one  to  be  delivered  to  the  party  of  he  second 
part,  and  one  to  be  delivered  to  the  chief  engineer. 

"The  party  of  the  second  part  further  agrees  to  execute  a  bond  in  the 

sum  of  dollars  for  the  faithful  performance  of  the  work  and  in  the 

form  provided  for  that  purpose,  and  it  is  agreed  that  this  contract  shall  be 
void  until  such  bond  is  signed,  delivered,  and  approved  by ." 

9.  Final  Clause  and  Signatures. — In  the  final  clauses  and  signa- 
tures it  is  important  to  see  that  all  legal  requirements  are  duly  com- 
plied with.     In  the  case  of  corporations,  either  public  or  private,  the 
rights  of  the  parties  signing  the  agreement  for  such  corporatons  should 
be  carefully  determined  in  order  that  the  agreement  may  be  a  legal  and 
binding  obligation  on  such  corporation.     In  some  cases  a  seal  is  de- 
sirable or  essential;  in  other  cases  witnesses  to  the  signature  are  nec- 
cessary ;  and  in  still  other  cases,  acknowledgment  before  a  notary  pub- 
lic is  required. 

"In  witness  whereof  the  parties  to  these  presents  have  hereunto  set 
their  hands  and  seals  the  day  and  date  first  above  written." 

Where  the  date  is  not  inserted  in  the  first  part  of  the  contract,  the 
final  clause  should  be  as  follows : 

"In  witness  whereof  the  parties  to  these  presents  have  hereunto  set 
their  hands  and  seals  this day  of  — — ,  A.  D.  19 — ." 

10.  Importance  of  Mutuality. — It  is  exceedingly  important  to  keep 
in  mind  the  necessity  of  mutuality  in  the  preparation  of  a  contract. 
Clark  says,  "Mutuality  of  engagement  is  necessary,  and,  if  the  condi- 
tion or  contingency  produces  want  of  mutuality,  the  consideration  is 
insufficient.     Both  parties  must  be  bound  or  neither  is  bound."* 

In  the  preparation  of  contracts  attempts  are  sometimes  made  to 
reserve  to  the  parties  letting  the  work,  unfair  privileges  which  undoubt- 


*Clark  on  Contracts,  3rd  Ed.  page  145, 


General  Clauses  235 

edly  invalidate  the  contract,  as  would  be  found  should  such  contracts 
reach  the  courts.  Fresuently  such  unfair  stipulations  are  used  and 
re-used,  since  their  validity  may  not  be  questioned.  Such  continued 
use  is  no  assurance  of  their  validity.  Such  unfair  stipulations  tend 
to  increase  the  contract  price  of  the  work  and  are  undesirable  both 
for  this  reason  and  on  account  of  their  lack  of  equity. 

A  contract  made  by  the  City  of  Ft.  Worth  Texas,  for  certain 
public  improvements  and  containing  such  clauses  was  declared  void 
by  Judge  E.  R.  Meek  of  the  Federal  Court,  Northern  District  of  Texas. 
The  clause  in  this  contract  was  as  follows : 

"And  the  party  of  the  second  part  hereby  further  agrees  that  if  on 
account  of  any  restraining  litigation  or  legal  proceedings  against  the  party 
of  the  first  part,  or  on  account  of  lack  of  funds  to  carry  on  the  work,  or 
if  for  any  reason  it  may  appear  to  said  City  to  be  necessary  or  for  the 
interest  of  the  City  of  Fort  Worth  to  suspend  work  entirely,  and  to  cancel 
this  contract  wholly  and  completely,  then  the  said  city  shall  have  the 
power  to  at  any  time  cancel  this  contract  wholly  and  completely,  although 
the  contractor  may  not  be  in  default,  and  the  party  of  the  second  part 
hereby  specially  agrees  that  such  cancellation,  if  done,  shall  not  entitle 
him  to  any  claim  for  damages,  or  for  prospective  profits  on  any  work 
remaining  to  be  done;  but  if  the  contractor  be  not  in  default,  he  shall  be 
paid  in  full  for  all  work  done,  and  for  all  materials  delivered  in  accordance 
with  this  contract,  up  to  the  time  of  notice  of  such  cancellation,  and  there- 
upon shall  be  released  from  all  obligations  hereunder  for  the  completion 
of  this  contract." 

It  was  pointed  out  that  while  the  City  reserved  this  right  to  cancel 
the  contract,  the  contractor  had  no  such  right ;  that  the  clause,  if  ad- 
hered to,  and  acted  upon  by  the  City  when  the  work  was  constructed 
only  in  small  part,  might  work  great  injustice  on  the  contractor  inas- 
much as  alj  the  "overhead"  expense  necessary  in  getting  the  work 
under  way  would  have  to  be  borne  by  him,  and  that  therefore  the 
contract  was  void  on  account  of  lack  of  mutuality. 


CHAPTER  XIV 
GENERAL  CONDITIONS  OF  THE  CONTRACT 

§  146.  Outline. — The  general  conditions  to  be  included  in  any 
contract  will  depend  on  the  character  and  extent  of  the  work  and  will 
usually  vary  with  each  special  case.     These  conditions  may  be  em- 
braced under  seven  subdivisions  as  follows : 
I.  Definitions. 
II.  Rights  and  Responsibilities  of  Owner. 

III.  Engineer's  Authority. 

IV.  Prices  and  Payments. 

V.  Contractor's  Responsibilities. 
VI.  Conduct  of  Work. 

VII.  Police  and  Sanitary  Regulations. 

These  divisions,  the  titles  of  which,  in  general,  indicate  the  nature 
of  the  conditions  which  should  be  included  thereunder,  may  be  subdi- 
vided as  the  conditions  in  each  particular  case  require.  In  section  147 
these  main  divisions  are  further  subdivided  and  as  given  and  dis- 
cussed in  the  following  sections  include  all  of  the  general  conditions 
usually  necessary  for  extended  contracts.  In  most  contracts  many  of 
the  conditions  herein  discussed  will  not  apply  and  only  such  should  be 
included  as  are  pertinent  to  the  particular  conditions  for  which  the 
contract  is  purposed. 

§  147.  Outline  of  General  Conditions. 
I.  Definitions. 
II.  Rights  and  Responsibility  of  Owner. 

A.  Inspection  and  supervision. 

B.  Right  of  access  and  collateral  works. 

C.  Changes,  alterations  and  extra  work. 

D.  Discrepancies  and  omissions. 

E.  Property,  material,  etc.,  furnished  by  first  party. 
III.  Engineer's  Authority. 

A.  To  supervise  and  direct  work. 

B.  Assistant  engineer  and  inspector. 

C.  To  furnish  lines  and  grades. 

D.  To  determine  quantities  and  measurements. 

E.  To  define  terms  and  explain  plans. 


Outline  of  General  Conditions  237 

F.  To  provide  for  emergencies. 

G.  Engineer   cannot   waive   obligations. 
H.  To  modify  methods  and  equipment. 

/.  To  retain  imperfect  work. 
/.  Arbitration. 
IV.  Prices  and  Payments. 

A.  Estimates  and  payments. 

B.  Delayed  payments. 

C.  Extra  work. 

D.  Contract  prices. 

E.  Bond  and  sureties. 

F.  Guarantees. 

V.  Contractor's  Responsibilities. 

A.  Persons  interested  in  contract. 

B.  Personal  attention  of  contractor. 

C.  Contractor's  address. 

D.  Agents,  superintendents  and  foremen. 

E.  Compliance  with  laws. 

F.  Protection  against  negligence  and  damage. 

G.  Protection  against  claims  for  labor  and  material. 
H.  Infringements  of  patents. 

/.  Assignment. 

/.  Termination  of  contract  if  abandoned,  assigned,  de- 
layed or  violated. 

K.  Time  and  order  of  completion. 
L.  Rate  of  progress. 
M.  Liquidated  damages. 
VI.  Conduct  of  Work. 

A.  To  keep  plans  and  specifications  on  the  work. 

B.  Character  of  employees. 

C.  Sustain  all  losses  and  damages. 

D.  To  protect  work. 

E.  Hindrances  and  delays. 

F.  To  remedy  defective  work. 

G.  Construction  plant. 
VII.  Police  and  Sanitary  Regulations. 

A.  Sanitation. 

B.  Intoxicants. 

C.  Camps. 

VIII.  Exhibits.     (See  §  145,  paragraph  4,  p.  213.) 


238  General  Conditions  of  the  Contract 

§  148.  Definitions. 

Interpretation  of  Phrases  and  Definitions  or  Other  Similar  Title. — 
It  is  desirable  to  include  in  the  general  conditions  definitions  of  the 
various  phrases  or  terms  used  throughout  the  contract,  such  as  "Party 
of  the  First  Part,"  "Party  of  the  Second  Part,"  "Contractor,"  "Engi- 
neer," "Chief  Engineer,"  "Inspector,"  "Owner,"  "Company,"  "City," 
and  any  other  words,  terms  or  abbreviations  which  are  not  otherwise 
fully  defined.  This  may  be  done  by  inserting  paragraphs  descriptive 
of  each  title  or  terms  as  follows : 

"Whenever  the  word(s)  or  the  expression  Tarty  of  the  First 

Part'  or  'First  Party'  are  used  in  this  contract,  it  shall  be  understood  as 
referring  to (here  describe  the  person,  company  or  corporation  enter- 
ing into  the  contract  to  have  the  same  performed)  " 

"Whenever  the  word  'contractor'  or  the  expressions  'Party  of  the  Sec- 
ond Part/  or  'Second  Party,'  are  used  it  shall  be  understood  to  mean  the  per- 
son, persons,  co-partnership  or  corporation  who  has  agreed  to  perform  this 
contract  or  to  his  or  their  legal  representatives." 

"Whenever  the  word  'Engineer'  is  used  in  this  contract  it  shall  be  un- 
derstood as  referring  to  the  Chief  Engineer  of  the  party  of  the  first  part,  or 
such  other  engineer,  superintendent  or  inspector  as  may  be  authorized  by 
said  first  party  to  act  in  any  particular." 

"Whenever  the  words  'Directed,'  'Required,'  'Permitted,'  'Ordered,'  'Des- 
ignated,' 'Considered  Necessary,'  'Prescribed,'  or  words  of  like  import  are 
used,  it  shall  be  understood  that  the  direction,  requirement,  permission,  or- 
der, designation,  or  prescription,  etc.,  of  the  Engineer  is  intended;  and 
similarly,  the  words  'Approved,'  'Acceptable,'  'Satisfactory,'  or  words  of  like 
import,  shall  mean  approved  by,  or  acceptable  or  satisfactory  to,  the  Engi- 
neer." 

§  149.  Rights  and  Responsibilities  of  Owner. 

A.  Inspection  and  Supervision. — Unless  the  owner  is  willing  to 
assume  responsibility  for  the  negligence  of  the  contractor  and  the  re- 
sult ultimately  to  be  accomplished  under  the  contract,  he  must  not  im- 
pose his  control  of  the  manner  and  method  by  which  the  results  are  to 
be  accomplished.1 

The  retention  of  the  control  of  men  and  method  by  the  owner  de- 
stroys the  relations  of  "Owner  and  Independent  Contractor"  and  es- 
tablishes the  relation  of  "Master  and  Servant"  or  of  "Principal  and 
Agent."  2 

The  owner  may  direct  as  to  the  result  of  the  undertaking,  and  may 
prescribe  in  the  specifications  and  plans  the  method  and  manner  of  do- 


1  Wait,  Engineering  and  Architectural  Jurisprudence,  Sec.  651. 

2  Ibid,  Sees.  653  to  659  and  Sees.  665  to  666. 


Rights  and  Responsibilities  of  Owner  239 

ing  the  work.  He  may  delegate  the  direction  and  supervision  of  the 
work  to  his  authorized  agent  or  agents,  that  is  to  his  engineers,  in- 
spectors, etc.  In  this  case  the  contractor  by  accepting  the  contract,  ac- 
cepts such  methods  and  manner  of  doing  the  work  as  his  own.3  Care 
should  be  exercised  in  including  in  the  contract  and  specification,  such 
requirements  as  are  considered  necessary  as  to  the  method  of  doing 
the  work  and  as  to  the  final  result  to  be  obtained,  but  any  assumption 
of  detailed  control  of  manner  or  methods  during  the  construction  of 
the  work  should  be  studiously  avoided,  if,  as  is  usually  the  case  it  is 
desired  to  fix  the  responsibility  for  the  conduct  of  the  work  and  for 
the  results  of  the  same,  on  the  contractor.4 

Such  supervision  and  inspection  as  may  be  desired  must  be  speci- 
fied and  described  in  the  agreement.  Any  aid  that  the  contractor  is  to 
furnish  in  connection  with  such  inspection  must  also  be  clearly  specified. 

"It  is  agreed  by  the  party  of  the  second  part  that  the  party  of  the  first 
part  shall  be,  and  is  hereby  authorized  to  appoint  from  time  to  time  such 
engineer,  superintendent  or  inspector  as  the  said  first  party  may  deem 
proper,  to  inspect  the  material  to  be  furnished  and  the  work  to  be  done  un- 
der this  agreement  and  in  accordance  with  the  specifications  therefor.  The 
contractor  shall  furnish  all  aid  and  assistance  required  by  the  engineer,  su- 
perintendent or  inspector  for  the  proper  inspection  and  examination  of  the 
work  and  all  parts  of  the  same.  The  contractor  shall  regard  and  obey  the 
directions  and  instructions  of  any  engineer,  superintendent  or  inspector  so 
appointed  when  the  same  are  consistent  with  the  obligations  of  this  agree- 
ment, and  of  the  specifications  attached  hereto,  or  said  contractor  shall  imme- 
diately appeal  to  the  Chief  Engineer  for  his  decision,  and  shall  respect  such 
decision  when  so  rendered." 

B.  Right  of  Access  and  Collateral  Work. — Unless  otherwise  pro- 
vided, an  agreement  for  construction  will  ordinarily  give  the  con- 
tractor full  possession  of  the  building,  plant  or  field  of  operation,  and 
if  other  contractors  are  to  furnish  material  or  to  do  work  which  may 
result  in  more  or  less  interference,  proper  provision  should  be  made 
in  the  agreement  to  retain  this  right. 

This  stipulation  should  reserve  the  right  of  access  to  the  work 
when  such  reservation  is  necessary  or  desirable.  The  reservations 
made,  however,  should  not  be  such  as  may  needlessly  cause  possible 
trouble  or  extra  expense  to  the  contractor. 

"The  party  of  the  first  part  reserves  the  right  to  enter  the  property  or 
location  on  which  the  works  herein  contracted  for  are  to  be  constructed  or 


Ibid,  Sees.  660  to  664. 
Ibid,  Sec.  667. 


240  General  Conditions  of  the  Contract 

installed  by  such  agent  or  agents  as  it  may  elect  for  the  purpose  of  con^ 
structing  or  installing  such  collateral  works  as  said  first  party  may  deaire. 
Such  collateral  works  will  be  constructed  or  installed  with  as  little  hindrance 
or  interference  as  possible  with  the  party  of  the  second  part.  The  party  of  the 
second  part  hereby  agrees  not  to  interfere  with  or  prevent  the  performance  of 
such  collateral  work  by  the  agent  or  agents  of  the  party  of  the  first  part,  or 
to  claim  any  extra  compensation  or  damages  by  delays  or  hindrances  which 
may  be  caused  by  the  construction  or  installation  of  such  collateral  work." 

" and  his  engineers,  agents  or  employees  may,   for   any 

purpose,  and other  contractors  may,  for  all  the  purposes  which 

may  be  required  by  their  contracts,  enter  upon  the  work  and  the  premises 
used  by  the  contractor,  and  the  contractor  shall  provide  safe  and  proper 
facilities  therefor.  Any  differences  or  conflicts  which  may  arise  between  the 

contractor  and  other  contractors  of in  regard  to  their  work 

shall  be  adjusted  and  determined  by  the  engineer." 

C.  Changes,  Alterations  and  Extra  Work. — Provisions  may  be 
made  for  changes,  alterations  or  extra  work,  but  when  so  made,  they 
may  be  exercised  only  in  the  manner  and  to  the  extent  provided  in  the 
agreement.5 

It  should  be  noted,  however,  that  any  unauthorized  changes  in  the 
contract  will  release  the  sureties  on  the  contractor's  bond,  but  that  said 
sureties  will  not  be  released  from  the  contract  by  changes  which  are 
duly  authorized  therein.6 

"The  said  party  of  the  second  part  further  agrees  that  the  said  firfsit 
party  may  make  such  alterations  as  said  party  may  see  fit  in  the  line,  grade, 
form,  dimensions,  plan  or  material  of  the  work  herein  contemplated,  or  any 
part  thereof,  either  before  or  after  the  commencement  of  the  construction. 

"If  such  alterations  diminish  the  quantity  of  the  work  to  be  done,  they 
shall  not  constitute  a  claim  for  damages  or  anticipated  profits  on  the  work 
that  may  be  dispensed  with.  If  they  increase  the  amount  of  work,  such  in- 
crease shall  be  paid  for  according  to  the  quantity  actually  done,  and  at  the 
prices  established  for  such  work  under  this  contract;  provided,  however,  that 
if  said  first  party  shall  make  such  changes  or  alterations  as  shall  make  use- 
less any  work  already  done  or  material  already  furnished  or  used  in  said 
work,  that  said  first  party  shall  recompense  said  party  of  the  second  part 
for  any  material  or  labor  so  used.  No  work  shall  be  regarded  as  extra  work 

unless  it  is  ordered  in  writing  by  the  Chief  Engineer  and  endorsed  by 

,  and  with  the  agreed  price  for  the  same  specified  in  said  order,  pro- 
vided said  price  is  not  otherwise  determined  by  this  contract.  All  claims 
for  extra  work  shall  be  made  to  said  first  party  within  sixty  days  after  its 
completion,  and,  failing  to  make  such  claims  within  this  time,  all  rights  of 
the  contractor  for  extra  pay  for  such  work  shall  be  forfeited." 


5  Wait,  Engineering  and  Architectural  Jurisprudence,  sees.  551  to  571. 
e  Ibid,  Sees.  20,  21  and  576f 


Rights  and  Responsibilities  of  Owner  241 

It  is  exceedingly  undesirable  to  make  changes  in  work  which  has 
been  let  under  a  contract,  but  in  many  cases  such  changes  become  ne- 
cessary on  account  of  the  development  of  conditions  which  have  not, 
and,  in  many  cases  could  not,  be  readily  determined  in  advance  of  the 
beginning  of  the  work.  Radical  changes,  which  materially  affect  the 
nature  of  the  contract,  either  by  a  large  increase  or  a  considerable  de- 
crease in  the  quantity  of  the  work  or  by  a  change  in  its  character  are 
unfair  and  may  result  in  serious  injustice  to  the  contractor.  Such 
changes  should,  therefore,  be  limited  in  amount  and  such  limits  should 
be  as  small  as  safety  will  permit  and  should  seldom  exceed  25  per  cent. 
If  larger  changes  become  necessary,  they  should  be  accomplished  by 
the  negotiations  of  a  supplementary  contract. 

"The  said  party  of  the  second  part  further  agrees  that  the  said  first 
party  may  make  such  alterations  as  said  party  may  see  fit  in  the  line,  grade, 
form,  dimensions,  plan  or  material  of  the  work  herein  contemplated,  or  any 
part  thereof,  either  before  or  after  the  commencement  of  the  construction. 
It  is  agreed,  however,  that  the  change  in  the  amount  or  quantity  of  any  item 
shall  not  exceed  twenty-five  per  cent.  (25%)  of  the  estimated  amounts  on 
which  the  bids  were  compared,  and  that  if  any  changes  are  made  to  exceed 
this  amount  such  changes  shall  be  based  on  a  supplemental  agreement  to  be 
made  therefor. 

"If  such  alterations  diminish  the  quantity  of  the  work  to  be  done,  they 
shall  not  constitute  a  claim  for  damages  or  anticipated  profits  on  the  work 
that  may  be  dispensed  with.  If  they  increase  the  amount  of  work,  such  in- 
crease shall  be  paid  for  according  to  the  quantity  actually  done,  and  at  the 
prices  established  for  such  work  under  this  contract;  provided,  however,  that 
if  said  first  party  shall  make  such  changes  or  alterations  as  shall  make  use- 
less any  work  already  done  or  material  already  furnished  or  used  in  said 
work,  that  said  first  party  shall  recompense  said  party  of  the  second  part 
for  any  material  or  labor  so  used.  No  work  shall  be  regarded  as  extra  work 

unless  it  is  ordered  in  writing  by  the  Chief  Engineer  and  endorsed  by 

and  with  the  agreed  price  for  the  same  specified  in  said  order,  pro- 
vided said  price  is  not  otherwise  determined  by  this  contract.  All  claims 
for  extra  work  shall  be  made  to  said  first  party  within  sixty  days  after  its 
completion,  and,  failing  to  make  such  claims  within  this  time,  all  rights  of 
the  contractor  for  extra  pay  for  such  work  shall  be  forfeited." 

D.  Discrepancies  and  Omissions. — Where  discrepancies  are  found 
between  plans  and  specifications,  which  is  frequently  the  case,  in  minor 
matters  at  least,  the  court  will  determine,  if  possible,  the  actual  in- 
tention of  the  parties  at  the  time  of  signing  the  agreement.  Provisions 
may  be  and  usually  are  made  that  the  engineer  may  explain  such  dis- 
crepancies and  may  decide  which  shall  prevail.7 


T  Wait,  Engineering  and  Architectural  Jurisprudence,  sees.  225  to  235. 


242  General  Conditions  of  the  Contract 

Any  work  or  material  not  shown  on  the  drawings  or  described  in  the 
specifications  but  which  may  be  fairly  implied  as  included  in  any  item  of 
the  contract,  shall  be  done  and  furnished  by  the  contractor  without  additional 
charge  therefor." 

Provisions  may  also  be  included  in  the  agreement  for  the  correc- 
tion of  errors  or  omissions  in  matters  or  things  which  are  fairly  im- 
plied by  the  agreement,  and  the  same  rules  hold  as  in  the  case  of  dis- 
crepancies. 

It  is  evident  that  the  greatest  care  should  be  exercised  to  see  that 
the  plans  and  specifications  fully  agree  and  that  discrepancies  are  prac- 
tically eliminated,  also  that  the  plans  and  specifications  are  complete. 
If  care  is  exercised  in  these  regards,  the  chance  of  serious  discrepancies 
or  omissions  is  remote.  When  plans  and  specifications  are  only  gen- 
eral in  character  and  show  evidence  of  hasty  or  careless  preparation 
contractors  should  refuse  to  bid  upon  the  same  if  the  engineer  is  em- 
powered by  the  contract  to  determine  discrepancies  and  require  omis- 
sions to  be  furnished  at  his  discretion  and  without  arbitration. 

These  clauses  should  be  so  written  as  to  prevent  the  possibilities 
of  unjust  claims  for  minor  discrepancies  or  immaterial  omissions  but 
should  not  impose  upon  the  contractor  the  expense  of  rectifying  the 
mistakes  of  the  engineer. 

"Discrepancies:  Should  there  be  any  discrepancy  between  plans  and  spec- 
ifications for  the  work  herein  specified,  the  engineer  shall  define  which  is 
intended  to  apply  to  the  work  in  hand,  and  the  contractor  shall  be  bound  by 
such  decision." 

"Omissions:  Any  work  or  material  not  herein  specified  but  which  may 
be  fairly  implied  as  included  in  the  contract,  of  which  the  Chief  Engineer 
shall  be  the  judge,  shall  be  done  by  the  contractor  without  extra  charge." 

"This  agreement  including  the  specifications,  plans  and  estimates  is  in- 
tended to  be  sufficient  to  show  all  wrork  to  be  done  and  material  to  be  fur- 
nished hereunder.  The  quantities  of  the  various  classes  of  work  and  material 
to  be  done  and  furnished  under  this  contract  are  approximate  and  are  to  be 
used  only  as  a  basis  for  estimating  the  probable  cost  of  the  work  and  for  com- 
paring the  proposals  offered  for  the  work,  on  a  uniform  basis.  It  is  under- 
stood and  agreed  that  the  actual  amount  of  work  to  be  done  and  material  to 
be  furnished,  under  this  contract  may  differ  somewhat  from  these  estimates, 
and  that  the  basis  for  payments  under  this  contract  shall  be  the  actual 
amount  of  such  work  and  material  done  and  furnished. 

"The  contractor  agrees  that  he  will  make  no  claim  for  damages,  antici- 
pated profits  or  otherwise  on  account  of  any  differences  which  may  be  found 
between  the  quantities  of  the  various  kinds  of  work  and  material  actually 
done  or  furnished  under  this  contract  and  the  estimated  quantities  contained 
in  this  agreement.  It  is  further  agreed  that  it  is  the  intent  of  this  con- 
tract that  all  work  must  be  done  and  all  material  must  be  furnished  in  ac- 
cordance with  the  best  practice,  and  in  the  event  of  any  discrepancies  be- 


Rights  and  Responsibilities  of  Owner  243 

tween  the  plans  and  specifications,  or  otherwise,  or  in  the  event  of  any  doubt 
as  to  the  meaning  of  any  portion  of  the  contract,  specifications  or  plans,  the 
engineer  shall  define  which  is  intended  to  apply  to  the  work,  and  the  con- 
tractor shall  be  bound  by  such  decision.  Any  work  or  material  not  shown 
on  the  drawings  or  described  in  the  specifications  but  which  may  be  fairly 
implied  as  included  in  any  item  of  the  contract,  shall  be  done  and  furnished 
by  the  contractor  without  additional  charge  therefor." 

E.  Property,  Material,  etc.,  to  be  Furnished  by  First  Party. — 
The  party  of  the  first  part  should,  in  general,  furnish  the  real  estate 
and  rights-of-way  required  for  the  purpose  of  the  work.  The  first 
party  may  desire  to  furnish  other  material  or  supplies  which  may  be 
on  hand  or  which  it  may  be  desirable  to  furnish  through  manufactur- 
ers or  other  contractors.  The  latter  furnishings  are  usually  described 
in  the  specifications.  The  real  estate  or  rights  of  way  are  usually  de- 
scribed in  the  general  conditions. 

"The  party  of  the  first  part  will  furnish  all  real  estate  and  rights  of  way 
reasonably  necessary  for  the  work,  including  land  needed  for  the  construc- 
tion, for  borrow  pits,  for  waste  dumps,  for  camp  sites  and  for  access  to  the 
work. 

"In  case  of  serious  delays  in  the  acquisition  of  the  necessary  land  for  this 
purpose,  an  extension  of  time  will  be  granted  the  contractor  sufficient  to 
compensate  therefor.  The  contractor  shall  have  no  compensation  for  minor 
delays  or  interruption  caused  by  the  failure  to  secure  such  land  but  shall  re- 
ceive compensation  for  the  actual  losses  occasioned  by  serious  delays." 

§  150.  Authority  of  the  Engineer. 

The  engineer  is  commonly  designated  as  the  arbiter  to  decide 
questions  of  quantity,  quality,  workmanship,  and  any  other  questions 
which  may  arise  between  the  parties  to  a  contract.  Commonly,  the 
specifications  attempt  to  make  the  decisions  of  the  engineer  "final  and 
conclusive"  on  the  contractor,  and  often  on  both  parties.8  The  de- 
cisions of  assistants  must  always  be  subject  to  appeal  to  the  Chief  En- 
gineer, and  frequently  the  decisions  of  the  Chief  Engineer  are  made 
subject  to  adjustment  by  a  board  of  arbitration.  No  agreement  on 
the  part  of  the  contractor  can  make  such  decision  "final  and  conclu- 
sive" if  such  decisions  are  unlawful,  for  a  man-  cannot  legally  sign 

s  Mutuality  is  the  essence  of  a  valid  contract  and  this  must  exist  not 
only  in  the  contract  as  a  whole  but  in  regard  to  each  obligation  of  the  con- 
tract. That  is,  every  obligation  resting  on  one  party  must  be  in  considera- 
tion of  a  promise  or  act  of  the  other  party.  Neither  party  is  bound  unless 
both  are  bound. 

If,  therefore,  the  engineer  is  made  the  arbitrator  of  the  contract  on  the 
part  of  the  contractor  his  authority  is  at  least  doubtful  unless  the  contract 
also  provides  that  the  first  party  is  also  by  the  engineer's  decision. 


244  General  Conditions  of  the  Contract 

away  his  own  rights  to  his  "day  in  court."  In  preparing  such  clauses 
or  stipulations,  the  following  conditions  should  be  kept  clearly  in  mind : 

The  authority  that  the  engineer  can  exercise  in  regard  to  any  con- 
tract is  confined  to  those  functions  conferred  upon  him  by  the  contract 
stipulations  which  must  be  strictly  complied  with. 

Under  the  usual  form  of  contract,  the  engineer  is  commonly  en- 
dowed with  two  duties, — first,  as  an  agent  of  the  owner,  and  second, 
as  an  arbiter  of  the  terms  of  the  contract.9 

The  engineer's  authority  does  not  extend  to  anything  not  expressly 
provided  for  in  the  contract,  and  he  cannot  vary  its  terms  in  any  way.10 
If  so  stipulated,  the  engineer  may  determine  quantities  and  classifica- 
tions, but  he  cannot  act  arbitrarily  in  the  premises  and  must  use  the 
methods  and  classifications  prescribed  in  the  contract.11  If  so  stipu- 
lated, he  may  determine  the  quality  and  workmanship  of  the  work 
done.12  The  right  of  the  engineer  or  of  a  board  of  arbitration  to  de- 
termine any  question  in  dispute,  cannot  be  fixed  to  the  exclusion  of  a 
review  by  courts  of  law  or  of  equity,  but  such  determination  may  be 
made  a  "condition  precedent"  to  such  review.13 

In  the  supervision  and  direction  of  construction  work  the  engineer 
must  exercise  certain  judicial  functions  in  interpreting  the  clauses  of  a 
contract,  but  all  specifications  should  be  so  drawn  as  to  limit  this  func- 
tion to  the  greatest  possible  extent.  When  the  engineer  is  made  the  ar- 
biter of  a  contract,  he  should  so  far  as  possible,  eliminate  prejudice  and 
bias  and  represent  not  only  his  client  but  the  contractor  as  well,  in 
order  to  see  that  the  contract  is  carried  out  with  justice  to  all  con- 
cerned. It  must,  however,  be  practically  recognized  that  the  engineer 
is  not  an  unbiased  party.  Employed  by  his  client  to  secure  satisfac- 
tory work  which,  as  a  rule,  he  has  designed,  and  for  which  he  has  pre- 
pared the  specifications,  his  tendencies  are  to  interpret  the  specifications 
so  as  to  bring  about  the  results  he  desires,  and  any  clauses  which  he 
has  therefore  rendered  obscure  are  liable  to  be  interpreted  in  the  favor 
of  his  client  rather  than  of  the  contractor. 

When  a  specification  is  definite,  the  honest  engineer  can  give  but 
one  opinion.  The  function  of  the  engineer  therefore  is  not  that  of  the 
legal  judge  but  of  the  expert  judge.  (See  Sec.  125.) 

9  Wait,  Engineering  and  Architectural  Jurisprudence,  sees.  370  and  371. 

10  Ibid,  sees.  372  to  380. 

11  Ibid,  sees.  381  to  387. 

12  Ibid,  sees.  388  to  390. 
is  Ibid,  sees.  400  to  417. 


Authority  of  Engineer  245 

A.  Supervision  and  Direction  of  Work. — The  function  of  the  en- 
gineer is  to  supervise  and  direct  the  work  of  construction  and  to  see 
that  the  same  corresponds  with  the  requirements  of  plans,  specifica- 
tions and  contract.     The  right  of  direction  reserved  to  the  engineer 
in  the  contract  should  not  be  so  extended  as  to  relieve  the  contractor 
of  the  responsibility  imposed  thereunder,  nor  should  it  be  such  as  to 
permit  the  engineer  unnecessarily  to  hamper  or  delay  the  execution  of 
the  work.     The  common  specification  that,  "The  work  must  be  com- 
menced and  carried  on  at  such  points  and  in  such  order  or  precedence 
as  may  be  directed  by  the  engineer,"  is  usually  unnecessary  and  un- 
just.    In  most  cases  if  desirable,  it  is  quite  possible  to  prescribe  the 
point  or  points  at  which  the  work  shall  be  begun  and  the  order  or 
precedence  in  which  it  is  necessary  that  it  shall  be  constructed.     The 
right  of  the  engineer  to  change  this  order  should  be  limited  to  condi- 
tions where  contingencies  may  arise  that  clearly  make  such  a  change 
necessary. 

"Supervision:  It  is  mutually  agreed  between  the  parties  to  this  contract 
that  the  engineer  shall  supervise  and  direct  all  work  included  herein.  To 
prevent  all  disputes  and  to  discourage  litigation,  it  is  further  agreed  by  and 
between  the  parties  to  this  contract  that  if  it  cannot  be  otherwise  agreed, 
the  chief  engineer  shall  in  all  cases  determine  the  amount  of  the  quantities 
of  the  several  kinds  of  work  which  are  to  be  paid  for  under  this  contract, 
and  he  shall  determine  all  questions  in  relation  to  said  work  and  the  con- 
struction thereof,  and  he  shall  in  all  cases  arbitrate  every  question  whiflh 
may  arise  relative  to  the  execution  of  this  contract  on  the  part  of  said  con-! 
tractor,  and  his  estimate  and  findings  shall  be  the  condition  precedent  to 
the  right  of  the  party  of  the  second  part  to  any  action  on  the  contract  and 
to  any  rights  to  receive  any  money  under  this  contract." 

"Duration  of  work:  Whenever  it  is  necessary,  in  order  to  assure  the  safe 
and  proper  construction  of  the  work,  the  engineer  shall  determine  the  times) 
and  seasons  and  the  order  of  precedence  under  which  the  work  shall  bet 
done.  Where  the  first  party  is  having  other  work  done,  either  by  contract 
or  by  its  own  force,  the  engineer  may  direct  the  manner  of  constructing 
the  work  done  under  this  contract,  in  order  that  conflicts  may  be  avoided 
and  the  various  works  being  done  for  the  party  of  the  first  part  may  be 
harmonized." 

B.  Assistants  and  Inspectors. — In  large  work  a  considerable  num- 
ber of  assistant  engineers,  superintendents  and  inspectors  may  be  re- 
quired to  see  that  the  work  is  properly  performed.     In  general,  their 
activities  should  be  limited  to  the  special  work  to  which  they  are  as- 
signed. 

"The  word  'engineer'  shall  mean  the  chief  engineer  of  the  party  of  the 
first  part,  or  his  duly  authorized  agent,  assistant  engineer,  superintendents, 


246  General  Conditions  of  the  Contract 

and  inspectors  acting  severally  within  the  scope  of  the  particular  duties  as- 
signed to  them." 

C.  Inspection, — Care  should  be  exercised  by  engineers  in 
charge  of  large  works  requiring  a  number  of  superintendents  and  in- 
spectors fully  to  advise  their  subordinates  as  to  the  extent  and  limi- 
tation of  the  authority  they  are  to  exercise  and  to  furnish  instructions 
as  a  basis  for  their  work.  Instructions  should  be  in  writing  in  order 
to  provide  a  permanent  record  and  for  frequent  reference.  The  in- 
spector when  unfamiliar  with  his  work  should  request  full  instructions 
and  should  refer  all  doubtful  points  to  his  superior.  He  should  avoid 
making  hasty  decisions  and  should  not  be  too  ready  to  accept  sug- 
gestions of  the  contractor  or  of  others  not  in  authority.  Care  in  ascer- 
taining his  duties  and  in  determining  the  methods  and  manner  in  which 
the  work  should  be  done  at  the  inception  of  the  work,  will  prevent 
errors  and  embarrassment,  increase  his  knowledge  and  efficiency  and 
result  in  his  more  rapid  advancement.  The  assumption  of  a  knowledge 
or  experience  he  does  not  possess  and  a  consequent  failure  to  make 
necessary  inquiries  will  result  in  unsatisfactory  service  and  frequently 
in  the  loss  of  position. 

Inspectors. — In  most  large  public  works  where  numerous  inspect- 
ors are  necessary  or  desirable,  men  have  often  to  be  employed  for  such 
positions,  who  have  little  or  no  professional  knowledge  or  practical 
experience  on  the  work  in  question.  This  is  apt  to  be  true  especially 
in  public  work  where  appointees  to  such  positions  are  frequently  placed 
by  politicians  without  much  regard  for  ability  and  sometimes  with  little 
regard  for  integrity.  Such  inspectors  frequently  are  given  or  assume 
an  authority  which  they  should  not  possess  and  sometimes  utilize  their 
position  to  harrow  and  annoy  the  contractor,  either  through  their  igno- 
rance or  occasionally  for  purposes  of  petty  graft.  To  cover  such  con- 
ditions, it  has  been  suggested  by  Mr.  Ernest  McCullough14  that  a  clause 
be  introduced  in  the  general  conditions  somewhat  as  follows : 

"It  is  mutually  agreed  that  the  inspectors  on  this  work  shall  not  be  re- 
garded as  deputy  engineers,  but  their  duties  shall  be  to  report  to  the  en- 
gineers in  charge  any  deviation  from  the  specifications,  and  when  necessary 
to  order  the  work  stopped  until  the  engineer  in  charge  can  give  his  opiniion 
concerning  any  disputed  question." 

"All  decisions  regarding  the  character  of  work  to  be  done  or  material  to 
be  furnished  or  the  interpretation  of  the  specifications,  shall  be  referred  to 
the  engineer  in  charge,  and  the  inspectors  shall  make  no  changes  or  devia- 
tions from  the  specifications  or  allowances  of  any  kind,  without  written  au- 


See  Eng.  News  Supplement,  vol.  51,  p.  233. 


Authority  of  the  Engineer  247 

thority  to  that  effect  from  the  engineer  in  charge.  It  is  furthermore  agreed 
by  the  parties  to  this  contract  that  in  case  the  engineer  in  charge  is  obliged 
to  be  absent  from  the  work  for  a  considerable  time  and  it  becomes  necessary 
to  delegate  his  authority  during  his  absence  to  any  one  of  said  inspectors, 
said  inspector  shall  be  appointed  in  writing  and  such  authority  shall  cease 
without  notice  on  the  return  of  the  engineer." 

D.  Lines  and  Grades. 

"All  lines  and  grades  shall  be  furnished  by  the  engineer  but  the  con- 
tractor shall  provide  stakes  and  such  ordinary  labor  as  may  reasonably  be 
required  by  the  engineer  to  assist  him  in  such  work.  Whenever  necessary, 
work  shall  be  suspended  to  permit  of  this  work,  but  such  suspension  will  be 
as  brief  as  practicable  and  the  contractor  shall  be  allowed  no  extra  compen- 
sation therefor.  The  contractor  shall  give  the  engineer  ample  notice  of  the 
time  and  place  where  lines  and  grades  will  be  needed.  All  stakes,  marks, 
etc.,  shall  be  carefully  preserved  by  the  contractor  and  in  case  of  their  de- 
struction or  removal  by  him  or  his  employees,  such  stakes,  marks,  etc.,  shall 
be  replaced  by  the  engineer  at  the  contractor's  expense." 

E.  Quantities  and  Measurements. — The  subject  of  measurements 
is  prolific  of  trouble  in  specifications  unless  the  methods  used  are  fully 
understood.     It  is  always  desirable  to  assure  such  understanding  by  a 
specification  which  shall  expressly  state  the  method  to  be  used.     This 
is  commonly  done  by  the  general  statement: 

"No  extra  or  customary  measurements  of  any  kind  will  be  allowed  in 
measuring  work  under  this  contract,  but  the  actual  length,  the  solid  con- 
tents, the  number  and  weight  only  shall  be  considered,  unless  otherwise 
specifically  provided." 

Frequently  in  various  artisans'  work,  various  customary  methods 
of  measurements  are  applied  by  the  trade  or  by  general  usage,  which  in 
general,  are  an  attempt  to  equalize  the  difficult  portions  of  the  work 
and  reduce  them  to  the  basis  of  plain  work  by  making  extra  allowances 
where  such  work  becomes  unusually  expensive.  Such  methods  are 
justifiable  in  themselves,  if  fully  understood  by  both  parties  to  the  con- 
tract and  indeed  simplify,  to  a  considerable  extent,  the  estimate  of  the 
parties  who  are  used  to  making  their  figures  on  the  basis  of  such  meas- 
urement. As  they  are  usually  readily  understood  and  can  be  easily 
applied  by  the  engineer,  and  more  easily  applied  by  the  contractor  who 
has  been  accustomed  to  them,  it  would  seem  desirable  that  they  should 
be  used  wherever  such  use  seems  feasible.  In  any  event,  the  matter 
should  be  made  plain  and  if  such  rules  are  to  be  used,  it  should  be  spe- 
cifically so  stated. 

If  on  the  other  hand  such  rules  are  to  be  ignored,  then  a  clause 
similar  to  that  previously  mentioned  should  be  inserted,  so  that  no 


248  General  Conditions  of  the  Contract 

misunderstanding  can  possibly  exist.  Even  where  the  method  of 
measurement  may  seem  almost  beyond  question,  differences  of  under- 
standing may  arise.  For  example,  the  measurement  of  the  surface 
area  of  a  pavement  would  seem  a  very  simple  affair  on  which  the  en- 
gineer and  contractor  could  hardly  disagree.  Where  manholes,  catch 
basins  and  street  railway  tracks  are  located  on  the  street,  the  expense 
of  fitting  around  these  structures  is  usually  greater  than  would  be  the 
extra  cost  of  pavement  which  would  be  constructed  were  these  struc- 
tures removed ;  therefore  no  allowance  is  usually  made  in  the  amount 
of  paving  estimated  for  the  surface  occupied  by  these  structures,  but 
if  the  surface  area  of  the  same  is  deducted,  a  considerable  extra  ex- 
pense should  be  added  to  the  contract  price  named  for  the  remainder 
of  the  pavement. 

The  same  difficulty  exists  to  a  greater  or  less  extent  in  the  meas- 
urements of  a  great  many  other  structures,  such  as  stone  masonry, 
brick  walls,  etc.  The  clauses  modifying  measurement  should  there- 
fore be  made  explicit,  so  that  they  can  be  literally  interpreted. 

F.  To  Define  Terms  and  Explain  Plans. — Even  when  much  care 
has  been  taken  in  the  preparation  of  plans  and  in  the  writing  of  speci- 
fications it  is  commonly  found  that  differences  of  opinion  will  arise  in 
regard  to  their  meaning  and  intent.  It  is  essential,  therefore,  that  the 
engineer  shall  be  authorized  to  define  the  meaning  of  words  and  terms, 
and  indicate  the  limits  necessary  for  their  fulfillment  under  the  con- 
tract. He  should  also  be  authorized  to  explain  the  meaning  and  in- 
tent of  the  plans  and  harmonize  any  apparent  discrepancies  between 
the  plans  and  specifications. 

"Definition  of  Terms:  Whenever,  in  the  specifications  or  drawing's  ac- 
companying this  agreement,  the  terms  or  descriptions  of  various  qualities 
relative  to  'finish/  'workmanship,'  or  other  qualities  of  similar  kind  which 
cannot  from  their  nature  be  specifically  and  clearly  described  and  specified, 
but  are  necessarily  described  in  general  terms  to  be  'satisfactory,'  'fiji&t 
class,'  'workmanlike,'  or  described  by  other  terms,  the  fulfillment  of  which 
must  depend  on  individual  judgment,  then,  in  all  such  cases,  any  question 
of  the  fulfillment  of  said  specification  shall  be  decided  by  the  chief  engineer, 
and  said  work  shall  be  done  in  accordance  with  his  interpretation  of  the 
same  and  to  his  full  satisfaction  and  approval,  and  he  shall  in  all  Gases  be 
the  judge  of  the  fulfillment  thereof." 

''Explanation  of  Plans:  Whenever  any  misunderstanding  shall  arise  con- 
cerning the  meaning  and  intent  of  any  of  the  drawings  furnished  or  to  be 
furnished  to  the  contractor  under  this  agreement,  or  whenever  any  appar- 
ent discrepancies  shall  arise  between  said  plans  and  the  contract  and  speci- 
fications, the  chief  engineer  shall  explain  the  same,  and  said  explanation 
shall  be  final  and  binding  on  both  parties  to  this  contract.  Said  engineer 


Authority  of  the  Engineer  249 

may  amend  or  correct  any  errors  or  omissions  in  the  drawings  or  specifica- 
tions when  such  amendment  or  correction  is  necessary  to  bring  out  the 
meaning  and  intent  which  is  clearly  indicated  by  a  reasonable  interpretation 
of  the  same." 

G.  Emergencies. — On  important  work,  where  possible  hazards  to 
life  and  property  may  arise,  or  where  the  welfare  of  the  work  may  de- 
pend upon  the  precautions  taken  by  an  individual  contractor,  such  pre- 
cautions may  be  neglected,  and  it  is  customary  and  desirable  under 
such  conditions  to  provide  that  the  engineer  may  do  whatever  is  neces- 
sary to  prevent  such  possible  contingencies.  The  necessity  of  exer- 
cising such  a  right  seldom  occurs,  but  the  right  to  provide  such  pre- 
cautions is  very  essential. 

"Emergencies:  Whenever,  in  the  opinion  of  the  engineer,  the  contractor 
has  not  taken  sufficient  precaution  for  the  safety  of  the  public  or  the  pro- 
tection of  the  works  to  be  constructed  under  this  contract,  or  of  adjacent 
structures  or  property  which  may  be  injured  by  processes  of  construction 
on  account  of  such  neglect,  and  whenever,  in  the  opinion  of  said  engineer, 
an  emergency  shall  arise  and  immediate  action  shall  be  considered  neces- 
sary in  order  to  protect  public  or  private,  personal  or  property  interests, 
then,  and  in  that  event,  the  said  engineer,  with  or  without  notice  to  said  con- 
tractor, may  provide  suitable  protection  to  said  interests  by  causing  such 
work  to  be  done  and  material  to  be  furnished  and  placed  as  shall  furnish 
such  protection  as  said  engineer  may  consider  necessary  and  adequate. 

"The  cost  and  expense  of  such  work  and  material  so  furnished,  shall 
be  borne  by  said  contractor,  and  if  the  same  shall  not  be  paid  on  presentation 
of  the  bills  therefor,  then  said  costs  shall  be  deducted  from  any  amounts 
due  or  which  may  become  due  said  contractor. 

"The  performance  of  such  emergency  work  under  the  direction  of  the 
engineer  shall  in  no  way  relieve  the  contractor  from  any  damages  which 
may  occur  during  or  after  said  precaution  has  been  duly  taken  by  said  en- 
gineer." 

H.  Preliminary  Approval. — Where  various  assistants  and  inspect- 
ors are  employed  in  connection  with  the  execution  of  work,  it  is  desir- 
able to  limit  specifically  their  power  of  acceptance  of  work  done  to  the 
stipulations  of  the  contract. 

"No  engineer,  superintendent  or  inspector  shall  have  any  power  to 
waive  the  obligations  of  this  contract  for  the  furnishing  by  the  contractoi 
of  good  material  and  of  his  performing  good  work  as  herein  described  in 
full  accordance  with  the  plans  and  specifications.  No  failure  or  omission 
of  any  engineer,  superintendent  or  inspector  to  condemn  any  defective 
work  or  material  shall  release  the  contractor  from  the  obligation  to  at  once 
tear  out,  remove,  and  properly  replace  the  .same  at  any  time  upon  the  dis- 
covery of  said  defective  work  or  material." 

/.  Right  of  Engineer  to  Modify  Methods  and  Equipment. — The 
right  to  modify  the  contractor's  method  of  work  and  equipment  is  a 
serious  reservation  which  should  be  included  only  when  the  nature  of 


250  General  Conditions  of  the  Contract 

the  work  makes  it  necessary  for  safety  that  the  work  shall  be  done 
within  a  given  time  or  by  such  means  that  such  safety  shall  be  secured. 
Such  arbitrary  requirements  can  be  advantageously  made  a  part  of  the 
general  conditions  only  when  the  standing  and  experience  of  the  en- 
gineer are  sufficient  to  make  him  a  reasonable  judge  of  the  necessities 
of  the  case. 

"Right  to  Modify  Methods  and  Equipment:  If  at  any  time  the  methods 
or  equipment  used  by  the  contractor  are  found  to  be  unsafe  or  inadequate 
for  securing  the  safety  of  the  workmen  or  other  persons  who  may  be  en- 
dangered thereby,  or  to  secure  the  quality  of  work  or  the  rate  of  progress 
required  under  this  contract,  the  engineer  may  order  the  contractor  to  in- 
crease their  safety  or  to  improve  their  character  and  efficiency,  and  the 
contractor  shall  comply  with  such  orders. 

"If  at  any  time  the  working  force  of  the  contractor  is  inadequate  for 
securing  the  progress  herein  specified,  the  contractor  shall,  if  so  ordered, 
increase  his  force  or  equipment,  or  both,  to  such  an  extent  as  to  give  rea- 
sonable assurance  of  compliance  with  the  schedule  of  progress. 

"The  failure  of  the  engineer  to  make  such  demands  shall  not  relieve  the 
contractor  of  his  obligations  to  secure  the  safety  of  his  men,  the  quality  of 
the  work,  and  the  rate  of  progress  required  by  this  contract." 

/.  Right  to  Retain  Imperfect  Work. — The  contract  usually  pro- 
vides that  all  work  which  is  not  in  accordance  with  the  plans  and 
specifications  shall  be  taken  down  and  rebuilt  in  accordance  therewith. 
Under  some  conditions  the  removal  of  work  constructed  may  so  greatly 
impede  the  progress  of  the  entire  work  or  involve  such  other  losses 
and  damages  that  it  may  be  desirable  or  essential  to  retain  the  work, 
even  with  the  imperfection  rather  than  to  suffer  the  consequent  loss  of 
its  removal  and  replacement.  Whenever  such  cases  may  arise  it  is 
desirable  to  include  in  the  general  conditions  a  stipulation  that  if  the 
imperfections  are  not  of  sufficient  magnitude  to  warrant  the  removal 
and  reconstruction  of  the  work  or  if  such  conditions  arise  as  to  make 
such  removal  and  construction  impracticable  or  dangerous  the  engineer 
shall  have  the  right  to  allow  the  same  to  remain,  but  shall  be  empow- 
ered to  make  such  reasonable  deduction  from  the  contract  price  of  the 
same  as  the  defect  of  workmanship,  material  or  construction  may  fairly 
warrant. 

"If  any  part  or  portion  of  the  work  done  or  material  furnished  under 
this  contract  shall  prove  defective  and  not  in  accordance  with  the  plans  and 
specifications,  and  if  the  imperfection  in  the  same  shall  not  be  of  sufficient 
magnitude  or  importance  as  to  make  the  work  dangerous  or  undesirable, 
or  if  the  removal  of  such  work  will  create  conditions  which  are  dangerous 
or  undesirable,  the  engineer  shall  halve  the  right  and  authority  to  retain 
such  work,  but  shall  make  such  deductions  in  the  final  payment  therefor  as 
may  be  just  and  reasonable." 


Authority  of  the  Engineer  251 

K.  Arbitration. — One  of  the  serious  uncertainties  in  estimating  the 
cost  of  work  by  contractors  arises  when  the  decisions  of  the  various 
questions  which  may  arise  under  a  contract  are  left  to  the  engineer. 
Where  the  contractor  has  done  previous  work  under  a  certain  engi- 
neer, his  character  and  the  decisions  which  he  will  give  under  the 
various  conditions  of  contract  work  may  be  known,  but  when  a  bid 
is  made  under  an  engineer  who  is  unknown  or  under  an  engineer 
who  is  young  and  inexperienced,  the  uncertainties  become  quite  serious 
and  a  considerable  addition  must  be  made  to  the  prices  bid  to  cover 
the  possibilities  of  unjust  requirements.  (See  Sec.  126.) 

In  most  work  it  is  essential  that  the  work  should  proceed,  and  it 
is  desirable  as  a  general  rule  that  the  decision  of  the  engineer  shall  be 
accepted  and  complied  with  so  far  as  the  immediate  action  of  the  con- 
tractor is  concerned.  It  is  desirable  however,  both  on  account  of  its 
effect  upon  the  prices  bid  and  on  account  of  fairness  that,  in  all  mat- 
ters of  moment  where  serious  differences  may  arise  between  the  con- 
tractor and  engineer,  some  provision  be  made  by  which  an  appeal 
can  be  taken  to  a  board  of  arbitration.  Where  arbitration  is  provided, 
the  clause  in  regard  to  the  engineer's  decision  may  be  included  essen- 
tially as  follows : 

"Engineer's  Decisions:  The  engineer  shall,  within  a  reasonable  time, 
decide  all  questions  or  claims  of  either  party  to  this  contract  and  all  mat- 
ters relating  to  the  execution  and  progress  of  the  work  or  the  interpreta- 
tion of  the  plans,  specifications  and  contract. 

"Unless  otherwise  provided,  all  the  engineer's  decisions  shall  be  sub- 
ject to  arbitration." 

The  following  specification  on  this  subject  is  written  in  general 
accordance  with  the  specification  for  arbitration  recommended  by  the 
American  Institute  of  Architects: 

"Arbitration. — Unless  otherwise  specifically  provided,  all  questions  in 
dispute  under  this  contract  shall  be  submitted  to  arbitration  at  the  choice 
of  either  party  to  this  contract.  The  general  procedure  shall  conform  to 
the  laws  of  the  state  in  which  the  work  lies;  and  wherever  permitted  by 
law,  the  decision  of  the  arbiters  may  be  filed  in  court  to  carry  it  into  effect. 

"If  the  engineer  fails  to  make  a  decision  within  a  reasonable  time,  an 
appeal  to  arbitration  may  be  taken,  as  if  his  decision  had  been  rendered 
against  the  party  appealing.  In  such  cases  and  in  a  case  of  an  appeal  from 
the  engineer's  decision,  the  demand  for  arbitration  shall  be  filed  with  him 
in  writing  within  ten  days  thereafter;  and  in  no  case  later  than  the  time  of 
final  payment. 

"The  parties  may  agree  upon  one  arbiter,  otherwise  there  shall  be 
three:  one  named  in  writing  by  each  party,  and  the  third  chosen  by  the 
two  arbiters  so  selected;  or  if  the  arbiters  fail  to  elect  a  third  within  ten 


252  General  Conditions  of  the  Contract 

days,  lie  shall  be  chosen  by  the  presiding  official  of  the  nearest  Bar  Asso- 
ciation. Should  the  party  demanding  arbitration  fail  to  name  an  arbiter 
within  ten  days  of  the  demand,  his  right  to  arbitrate  shall  lapse,  and  the 
decision  of  the  engineer  shall  be  final  and  binding  on  him.  Should  the 
other  party  fail  to  choose  an  arbiter  within  ten  days,  the  engineer  shall 
appoint  such  arbiter.  Should  either  party  refuse  or  neglect  to  supply  the 
arbiters  with  any  papers  or  information  demanded  in  writing,  the  arbiters 
are  empowered  by  both  parties  to  take  ex  parte  proceedings. 

"The  arbiters  shall  act  with  promptness.  The  decision  of  any  two 
shall  be  binding  on  both  parties  to  the  contract.  The  decision  of  the  ar^ 
biters  upon  any  question  subject  to  arbitration  under  this  contract  shall  be 
a  condition  precedent  to  any  right  of  legal  action. 

"The  arbiters,  if  they  deem  the  case  demands  it,  are  authorized  to 
award  the  party  whose  contention  is  sustained,  such  sums  as  they  deem 
proper  for  the  time,  expense  and  trouble  incident  to  the  appeal;  and  if  the 
appeal  was  taken  without  reasonable  cause,  damages  for  any  delay  occa- 
sioned. The  arbiters  shall  fix  their  own  compensation,  unless  otherwise 
provided  by  agreement,  and  shall  assess  the  cost  and  charges  of  the  arbitra- 
tion upon  either  or  both  parties.  The  award  of  the  arbiters  must  be  in  writ- 
ing, and  if  in  writing  shall  not  be  open  to  objection  on  account  of  the  form 
of  the  proceeding  or  the  award." 

§  151.  Prices  and  Payments.' — The  stipulation  in  regard  to  the 
financial  conditions  under  which  the  work  is  to  be  done  usually  relates 
to  trie  conditions  under  which  estimates  have  to  be  given  and  payments 
made,  together  with  such  other  special  stipulations  concerning  guar- 
antees, bonds  and  signing  of  contract  as  it  may  be  desirable  to  include. 
A.  Estimates  and  Payments. 

"In  order  to  enable  the  contractor  to  prosecute  the  work  to  advantage, 
an  estimate  in  writing. will  be  made  by  the  engineer  once  a  month  of  the 
amount  of  work  done  and  material  furnished  (and  material  delivered  on  the 
ground  and  to  be  used  in  the  completed  work),  and  of  the  value  thereof  ac- 
cording to  the  terms  of  the  contract.  The  first  estimate  shall  be  of  the 
amount  or  quantity  in  value  of  the  work  done  since  the  party  of  the  second 
part  commenced  the  performance  of  this  contract,  and  every  subsequent  esti- 
mate, except  the  final  one,  shall  be  of  the  amount  or  quantity  and  value  of 
work  done  since  the  last  preceding  estimate  was  made.  No  such  estimate  of 
amount  or  quantity  shall  be  required  to  be  made  by  strict  measurement  or 
with  exactness  but  may  be  approximate  only. 

"Upon  the  approval  of  said  estimate  by  the  chief  engineer,  the  party  of 
the  first  part  will  pay  to  the  party  of  the  second  part  eighty  per  cent,  of  such 
estimated  value,  and  whenever  said  contract  shall  be  duly  completed,  in  ac- 
cordance with  the  terms  herein  contained,  and  in  accordance  with  the  spec- 
ifications, and  when  said  work  and  material  shall  be  accepted  by  the  chief 
engineer,  for  said  party  of  the  first  part,  a  careful  and  detailed  estimate 
shall  be  made  of  the  value  of  all  work  and  material  furnished  under  said, 
contract,  and  the  amount  due  on  said  work  shall  be  paid  to  said  party  of  the 
second  part,  provided  however  it  is  not  considered  necessary  by  said  first 


Prices  and  Payments  253 

party  to  retain  a  certain  proportion  of  same  as  elsewhere  provided  for  pro- 
tection against  claims  for  labor  and  material,  for  damages,  for  royalties  or 
otherwise,  and  excepting  also  any  amount  retained  as  a  guarantee  for  the 
maintenance  of  the  work  or  material  furnished  under  this  contract,  or  for 
forfeiture." 

B.  Delayed  Payments. 

"In  case  any  payment  to  the  contractor  on  any  estimate  is  delayed  by 
the  party  of  the  first  part  beyond  the  time  provided  herein,  said  first  party 
shall  pay  the  contractor  interest  on  the  amount  due  at  the  rate  of  six  per 
cent,  per  annum  for  the  period  of  such  delay.  The  term  for  which  said 
interest  shall  be  paid  shall,  in  the  case  of  progress  estimates,  date  from  the 
10th  day  after  the  date  of  said  estimate,  to  the  date  of  payment  of  the  esti- 
mate, and  in  the  case  of  the  final  estimate  from  thirty  days1,  after  the  filing 
of  the  certificate  of  completion  and  acceptance  to  the  date  of  final  payment 
of  the  final  estimate. 

"If  interest  shall  become  due  on  any  progress  estimate,  the  amount 
thereof  shall  be  added  to  the  succeeding  estimate;  and  if  interest  shall  be- 
come due  on  the  final  estimate,  it  shall  be  added  to  such  final  estimate  and 
paid  therewith  or  by  a  special  voucher  within  fourteen  days  thereafter.  The 
contractor  shall  not  be  entitled  to  interest  on  any  sum  or  sums  which  by  the 
terms  of  this  contract  the  party  of  the  first  part  may  be  authorized  to  retain. 
It  is  hereby  agreed  that  such  interest  payments,  if  any,  are  to  be  in  lieu  of 
any  claims  of  the  contractor  for  alleged  damages,  for  breach  of  contract,  or 
otherwise,  on  account  of  delayed  payments." 

C.  Extra  Work. 

"All  extra  work  done  under  this  contract  shall  be  paid  for  at  actual  cost 
plus  fifteen  per  cent."  (Improper  specification.) 

The  above  is  quite  a  common  form  of  specification  for  extra  work, 
but  is  objectionable  on  account  of  its  failure  to  define  what  is  meant 
by  "actual  cost."  The  actual  cost  of  a  piece  of  work  will  of  necessity 
include  the  cost  of  all  material,  labor  and  supplies  furnished  for  the 
work  in  question.  It  includes  also  the  cost  of  the  time  that  any  fore- 
man may  give  to  this  special  work.  The  work  in  general  must  be  re- 
garded as  including  not  only  the  above  items,  but  also  the  cost  of  gen- 
eral superintendence,  office  expenses  in  immediate  connection  with  the 
work,  timekeepers  and  other  salaries  and  the  cost,  or  at  least  the  de- 
preciation, on  the  tools  and  machinery  used  in  connection  with  the 
same,  also  other  general  expenses.  If  the  contractor  is  doing  several 
pieces  of  work,  each  job  must  bear  its  portion  of  general  expense  of 
his  main  office,  with  traveling  expenses  to  and  from  the  work  and  even 
of  other  lettings.  Unless  these  are  included,  plus  a  profit,  the  con- 
tractor would  not  be  able  to  remain  in  business,  for  all  the  expenses 
named  must  be  paid  from  the  amount  received  for  the  work  in  question. 


254  General  Conditions  of  the  Contract 

It  is  sometimes  argued  that  extra  work  and  its  percentage  of  profit 
should  be  based  not  only  on  the  items  mentioned  under  actual  cost, 
but  also  on  the  cost  of  general  supervision  or  overhead  charge  and  gen- 
eral expense  or  charge  outside  of  the  job. 

When  a  contract  job  is  taken,  the  items  of  general  expense,  over- 
head, etc.,  are  necessarily  calculated  and  apportioned  among  the  vari- 
ous jobs  of  the  contractor,  and  unless  the  total  quantity  of  work  to  be 
done  on  some  or  all  of  these  contracts  has  been  materially  reduced,  an 
amount  has  been  previously  included  sufficient  to  take  care  of  these 
items.  Hence,  justice  does  not  require  that  such  items  should  be  in- 
cluded in  part  of  the  cost  of  extra  work  unless  the  item  of  extra  work 
is  considerable  and  adds  to  such  general  expense.  It  may  also  be 
noted  in  this  connection  that,  if  overhead  charges  of  a  contractor's 
general  office  were  to  be  considered  as  a  part  of  the  actual  cost  of 
the  work  under  each  individual  contract,  this  might  become  bur- 
densome in  the  event  of  the  contractor's  having,  during  a  given 
time,  only  a  single  job  to  which  all  of  such  expenses  would  have 
to  be  charged.  It  therefore  seems  just  to  eliminate  the  general  ex- 
pense and  overhead  charge  both  of  the  contractor's  general  work  and 
of  the  particular  job  in  question,  but  to  include  all  items  which  go  to 
make  up  the  actual  cost  of  this  work,  whether  ordinary  or  extraor- 
dinary, when  incurred  directly  on  account  thereof.  In  general,  this 
should  include  labor,  material,  supplies,  immediate  supervision,  con- 
tractor's liability  insurance,  use  and  depreciation  of  small  tools  such 
as  picks  and  shovels,  and  any  other  expenses  directly  incurred  by 
or  in  consequence  of  the  special  work  performed.  Unless  all  of  these 
are  included,  the  ten  or  fifteen  per  cent,  allowed  to  cover  profit  and 
general  expense  will  be  too  small  for  the  purpose,  as  insurance  on  cer- 
tain classes  of  hazardous  work  may  amount  to  several  per  cent,  on  the 
pay  roll ;  and  the  cost  of  foreman,  especially  on  difficult  work,  may 
sometimes  be  almost  or  quite  as  great  as  so-called  profit  allowed. 

General  expense  also  may  frequently  vary  from  as  low  as  five  per 
cent,  to  as  high  as  ten  per  cent,  of  the  contract  price.  It  will  be  noted 
therefore  that  in  order  to  be  fair,  all  actual  expenses  directly  connected 
with  the  work  should  be  included,  and  a  liberal  percentage  above  this 
allowed  for  general  expenses  and  profit. 

In  order  that  all  extra  work  may  be  properly  checked,  it  is  desir- 
able that  the  engineer  should  keep  an  account  of  the  work  performed 
and  the  material  furnished  for  the  same  each  day.  If  the  work  is 
simple  a  brief  note  or  memorandum  only  will  be  necessary,  but  if  at  all 


Prices  and  Payments  255 

complicated  it  is  desirable  that  the  contractor  be  required  to  furnish  a 
daily  memorandum  and  a  monthly  bill  of  his  charges  on  such  amount. 
''Extra  Work:  If  during  the  performance  of  this  contract  the  engineer 
shall  order  in  writing  other  work  done  or  materials  furnished  which  in  his 
opinion  cannot  be  classified  under  the  unit  prices  of  this  contract,  the  con- 
tractor shall  do  and  perform  such  work  and  furnish  such  material  and  shall 
be  paid  therefor  the  actual  cost  thereof  plus  fifteen  per  cent,  in  addition 
thereto.  The  actual  cost  is  hereby  defined  to  include  the  cost  of  all  labor 
and  materials  necessary  for  the  performance  of  the  extra  work,  including  any 
extra  expenses  increased  directly  on  account  thereof,  also  the  wages  of 
foremen  and  the  expenses  attached  to  contractor's  liability  insurance  cov- 
ering the  labor  so  employed. 

"No  allowance  shall  be  made  for  overhead  charges,  general  superin- 
tendence, general  expenses,  contingencies,  or  use  and  depreciation  of  the 
construction  plant;  neither  shall  said  charges  include  the  maintenance  of 
the  contractor's  camp  or  office,  unless  such  camp  or  office  be  maintained 
primarily  on  account  of  such  extra  work.  The  contractor  shall  submit  to  the 
engineer  a  monthly  bill  of  all  charges  on  account  of  such  extra  work,  and  if 
the  engineer  so  desires  shall  also  furnish  a  daily  memorandum  of  all  such 
charges." 

When  the  extra  work  is  of  considerable  magnitude  the  cost  should 
include — 

"also  the  pro  rata  wages  of  the  Superintendent,  General  Foreman,  Time  Keep- 
ers and  Material  or  Commissary  Clerks." 

If  an  expensive  construction  plant  is  to  be  used  on  such  work  pro- 
visions should  be  made  to  pay  a  certain  sum  for  its  use  and  deprecia- 
tion, fixed  either  by  an  advanced  agreement,  a  supplementary  con- 
tract, or  by  arbitration.  While  15  per  cent,  added  for  general  expense 
and  profit  may  be  a  fair  compensation  for  extra  work  with  small  tools 
and  when  the  plant  investment  is  small  it  would  be  totally  inadequate 
when  machinery  valued,  perhaps,  at  from  $10,000  to  $25,000  is  to  be 
used.  The  use  of  such  machinery  should  be  covered  by  an  allowance 
commensurate  with  the  daily  rental  charge  which  would  be  made  for 
such  machinery  on  regular  work.  Where  such  use  is  to  be  anticipated 
a  rental  price  may  be  fixed  for  such  machinery  in  the  itemized  pro- 
posal. 

D.  Price  for  Work. — The  prices  bid  by  the  contractor  for  the  con- 
struction of  work  can  be  made  a  part  of  the  contract  by  reference  to 
the  proposal  which  should  be  attached  to  the  agreement  or  by  re-writ- 
ing the  prices  named  in  the  bid  directly  in  the  agreement. 

"In  consideration  of  the  furnishing  of  the  material  and  the  completion 
of  all  work  by  the  said  party  of  the  second  part,  and  on  the  completion  of 
all  work  and  of  the  delivery  of  all  material  embraced  in  this  contract  in 


256  General  Conditions  of  the  Contract 

full  conformity  with  the  specifications  and  stipulations  herein  contained, 
the  party  of  the  first  part  agrees  to  pay  the  said  party  of  the  second  part 
the  prices  set  forth  in  the  proposal  hereto  attached,  marked  'Exhibit  C,' 
which  is  hereby  made  a  part  of  this  contract.  And  the  said  party  of  the 
second  part  hereby  agrees  to  receive  such  prices  in  full  for  furnishing  all 
material  and  all  labor  required  for  the  aforesaid  work,  also  for  all  expense 
incurred  by  him,  and  for  well  and  truly  performing'  the  same  and  the  whole 
thereof  in  the  manner  and  according  to  the  specifications  and  requirements 
of  the  engineer. 

"On  the  condition  of  the  true  and  faithful  performance  of  all  the  pro- 
visions in  this  agreement  and  in  the  specifications,  the  party  of  the  first 
part  agrees  to  pay  to  the  said  party  of  the  second  part  the  following  sums, 

to  wit:    ,  in  full  payment  for  all  work,  material  and  supplies 

indicated  in  this  contract  embracing  the  complete  and  satisfactory  con- 
struction of  said  work  as  defined  and  described  in  said  specifications  in  all 
parts  and  requirements.' 

E.  Bond,  Sureties  and  Special  Guarantees. 

(a)  "Bond:  It  is  further  agreed  by  the  parties  to  this  contract  that  this 
contract  shall  be  executed  in  triplicate,  one  copy  being  retained  by  the  party 
of  the  first  part,  one  to  be  delivered  to  the  contractor,  and  one  to  the  chief 
engineer.     The  party  of  the  second  part  agrees  to  execute  a  bond  for  the 

sum  of dollars  for  the  satisfactory  performance  of  the  work  in  the 

form  provided  for  that  purpose,  and  it  is  agreed  that  this  contract  shall  be 
void  until  such  bond  is  furnished  and  approved  by 

(b)  "Sureties:  With  the  execution  and  delivery  of  this  contract  the  con- 
tractor shall  give  security  for  the  faithful  performance  of  the  contract  by 
filing  with  the  board  one  or  more  surety  bonds  in  the  form  annexed  hereto, 
the  aggregate  amount  of  which  shall  be  not  less  than  forty  per  cent,  of  the 
estimated   total   contract   price.     Each   bond   must   be    signed    by   the    con- 
tractor and  the  sureties.     The  sureties,  and  the  amount  in  which  each  will, 
qualify,  must  be  satisfactory  to  the  board. 

"Should  any  surety  upon  the  contract  be  deemed  unsatisfactory  at  any 
time  by  the  board,  notice  will  be  given  the  contractor  to  that  effect,  and  the 
contractor  shall  forthwith  substitute  a  new  surety  or  sureties  satisfactory 
to  the  board.  And  no  further  payment  shall  be  deemed  due  or  shall  be 
made  under  this  contract  until  the  new  surety  or  sureties  shall  qualify  and 
be  accepted  by  the  board. 

"At  the  expiration  of  each  year  after  the  date  of  contract  the  liability 
of  the  sureties  under  the  bonds  may  be  reduced  to  that  extent  to  which, 
in  the  opinion  of  the  board,  the  need  for  surety  is  reduced,  until  such  lia- 
bility shall  amount  to  twenty-five  per  cent  of  the  original  liability,  at  which 
amount  the  bonds  shall  remain  in  full  force  and  virtue  until  the  completion 
of  the  entire  work." 

F.  Guarantees,  Bonds,  or  Per  Cent.  Retained. — Guarantees  made 
for  maintaining  the  work  or  operating  the  plant  for  a  definite  period 
are  generally  protected  either  by  a  bond  or  by  the  retention  of  a  per- 
centage of  the  contract  price. 


Form  of  Bond  257 

"The  said  contractor  further  agrees  that  the  said  city  shall  be  and  is 
hereby  authorized  to  retain  out  of  'the  money  payable  to  the  contractor 
under  this  agreement,  the  sum  of  five  per  cent,  of  the  amount  of  this  con- 
tract and  to  expend  the  same  in  the  manner  hereinafter  provided  for  in 
making  such  repairs  on  the  line  of  said  work  as  the  engineer  may  deem 
necessary.  The  said  contractor  further  agrees  that  if,  at  any  time  during 
a  period  of  six  months  from  the  date  of  the  final  completion  of  the  work 
contemplated  in  this  contract,  any  part  of  said  work  shall,  in  the  opinion 
of  the  said  engineer  require  repairing,  and  said  engineer  shall  notify  the 
contractor  in  person  or  by  mail  to  make  the  repairs  so  required,  and  that 
if  the  said  contractor  shall  neglect  to  make  such  repairs,  to  the  satisfaction 
of  the  said  engineer,  within  three  days  after  giving  or  mailing  such  notice 
to  the  said  contractor,  his  agent  or  attorney,  then  the  said  engineer  shall 
have  the  right  to  employ  such  other  person  or  persons  as  may  be  deemed 
proper  to  make  the  change;  and  the  said  party  of  the  first  part  shall  pay  the 
expense  thereof,  out  of  the  sum  retained  for  'the  purpose,  by  it,  as  before 
mentioned.  And  the  said  city  further  agrees  upon  the  expiration  of  the 
said  period  of  six  months,  provided  that  the  said  work  shall  at  that  time 
be  in  good  order,  that  the  said  contractor  shall  be  entitled  to  receive  the 
whole  or  such  part  of  the  sum  las-t  aforesaid  as  may  remain  after  the  ex- 
pense of  making  said  repairs  in  the  manner  aforesaid  shall  have  been  paid 
therefrom." 

§  152.  Form  of  Bond. — The  following  form  of  bond  has  been 
adopted  by  the  Board  of  Directors  of  the  Miami  Conservancy  District 
in  connection  with  the  extensive  flood  protection  work  which  is  soon 
to  be  undertaken  along  the  Miami  River.* 

BOND 

Know  all  men  by  these  presents,  that  we , , , 

of ,  County  of and  State  of ,  as  Principal,  here- 
inafter called  the  Contractor,  and  ,  ,  organized  under 

the  laws  of  the  State  of and  duly  authorized  to  transact  busi- 
ness within  the  State  of  Ohio,  as  Surety,  hereinafter  called  the  Surety, 
are  held  and  firmly  bound  unto  THE  MIAMI  CONSERVANCY 
DISTRICT,  a  corporation  organized  under  the  laws  of  the  State  of 
Ohio,  with  its  principal  place  of  business  located  at  Dayton,  County  of 
Montgomery,  and  State  of  Ohio,  as  Obligee,  hereinafter  called  the  Dis- 
trict, in  the  sum  of dollars  ($.  . )  lawful  money  of  the  United 

States,  for  the  payment  whereof  to  the  District  the  Contractor  binds 
,  heirs,  executors,  administrators,  successors,  and  as- 
signs, and  the  Surety  binds  itself,  its  successors,  and  assigns,  firmly  by 
these  presents. 


*  See  Report  of  A.  E,  Morgan,  Chief  Engineer,  Vol    III   D   17. 


258  General  Conditions  of  the  Contract 

Whereas,  the  Contractor  and  the  District  have  entered  into  a  writ- 
ten contract,  dated  the day  of 191 .  .,  hereinafter  called 

the  Contract,  a  copy  of  which  is  attached  hereto  and  made  a  part 
hereof,  for 

The  condition  of  this  obligation  is  such  that  if  the  said  Contractor 
shall  pay  all  persons,  firms  or  corporations  who  perform  labor  or  fur- 
nish equipment,  supplies  and  materials  for  use  in  the  work  thereunder, 
and  shall  satisfy  all  claims  against  the  district,  for  damages  to  life,  limb 
or  property  that  may  be  caused  by  the  acts  of,  or  negligence  of,  the 
Contractor  or  any  of  his  agents  or  employees,  and  shall  satisfy  all  suits 
or  claims  brought  against  the  District  arising  from  the  violation  of  any 
law,  ordinance,  regulation,  order"  or  decree  on  the  part  of  the  Con- 
tractor or  any  of  his  agents  or  employees;  or  from  any  infringement, 
or  alleged  infringement  of  patents  in  the  work  under  said  Contract ;  or 
howsoever  originating  from  any  of  the  operations  under  said  Contract  ; 
and  shall  fully  indemnify  and  save  harmless  the  District  from  all  cost 
and  damage  which  it  may  suffer  by  reason  of  failure  so  to  do,  and  shall 
fully  reimburse  and  repay  the  district  all  outlay  and  expense  which  the 
District  may  incur  in  making  good  any  such  default,  and  in  all  other 
particulars  shall  faithfully  perform  the  contract  on  his  part  according 
to  all  the  terms,  covenants,  and  conditions  thereof  and  within  the  time 
specified  therein,  then  this  obligation  shall  be  void ;  otherwise  to  remain 
in  full  force  and  effect. 

Provided, 

First — That  should  the  Contractor  fail  to  comply  with  the  provis- 
ions of  the  Contract  to  such  an  extent  that  the  Contract  shall  be  for- 
feited, the  Surety  shall  have  the  right  to  assume  the  Contract  and 
proceed  to  perform  or  sublet  the  same,  as  therein  provided.  And  the 
Surety  shall,  in  that  event,  be  subrogated  to  all  the  rights  and  interests 
of  the  Contractor  arising  out  of  the  Contract,  and  be  entitled  to  hold 
and  use  all  of  the  equipment  and  properties  of  the  Contractor  which 
may  be  necessary  for  the  completion  of  the  Contract ;  and  all  moneys 
which  may  be  due  the  Contractor  at  the  time  of  his  default  or  which 
may  thereafter  become  due  said  Contractor,  under  or  by  virtue  of  the 
Contract,  shall  become  due  and  payable  to  the  Surety  as  the  work  prog- 
resses, subject  to  all  of  the  terms  of  the  Contract. 

Second — That  any  alterations  which  may  be  made  in  the  terms 
of  the  Contract,  or  in  the  work  or  materials  to  be  furnished  thereunder ; 
or  the  granting  by  the  District  of  any  extension  of  time ;  or  any  for- 
bearance or  action  on  the  part  of  either  the  District  or  the  Contractor 


Form  of  Bond  259 

toward  the  other  under  said  Contract ;  shall  not  in  any  way  release  the 
Contractor  and  the  Surety,  or  either  of  them,  their  heirs,  executors, 
administrators,  successors,  or  assigns,  from  their  liability  hereunder; 
notice  to  the  Surety  of  any  such  alteration,  extension,  forbearance,  or 
action,  being  hereby  waived ;  provided  that  the  written  consent  of  the 
Surety  shall  first  be  obtained  if  any  alteration  be  required  which  shall 
alter  the  general  character  of  the  work  as  a  whole,  or  which  shall  in- 
crease the  total  amount  to  be  paid  to  the  Contractor  by  more  than  25 
per  cent. 

Third — No  right  of  action  shall  accrue  hereunder  to  or  for  the  use 
or  benefit  of  any  one  other  than  the  District,  and  the  District's  rights 
hereunder  may  not  be  assigned  without  the  written  consent  of  the 
Surety. 

Signed  and  sealed,  this day  of ,  19. .. 

Witnesses : 

[Seal.] 

[Seal] 

-'- [Seal.] 

Principal. 
[Seal] 


President. 
SURETY. 

Attest : 


Secretary. 

§  153.  Responsibility  of  Contractor  as  Affecting  Party  of  the 
First  Part. — Contracts  for  work  or  for  furnishing  material,  etc.,  are 
usuilly  entered  into  on  account  of  the  familiarity  and  equipment  of  the 
contractor  which  will  enable  him  to  do  the  work  of  this  class  to  ad- 
vantage, and  in  order  that  the  party  of  the  first  part  may  have  the 
work  done  without  personal  responsibility  either  as  to  the  operations 
of  construction  or  the  ultimate  results  of  the  work.  In  order  that  the 
contractor  may  be  required  to  assume  these  responsibilities,  various 
stipulations  are  necessary,  and  such  responsibilities  must  be  stipulated 
in  detail,  and  great  care  must  be  exercised  on  the  part  of  the  engineer 
to  see  that  all  such  matters  be  fully  covered. 

A.  Persons  Interested  in  Contract. 


260  General  Conditions  of  the  Contract 

"No  person  or  persons  other  than    whose  name 

affixed  hereto  as  part.,  of  the  second  part  now  ha.,  any  interest  hereunder 
as  contractor...  This  contract  shall  be  void  if  any  member  of  the  board 

or  other  officer  of  the  city  of  or  any  person  in  the  employ  of  said 

board  or  said  city  is  or  shall  become  directly  or  indirectly  interested  as  con- 
tracting party,  partner,  stockholder,  surety  or  otherwise  in  the  perform- 
ance of  this  contract  or  in  the  supplies,  work  or  business  to  which  it  re- 
lates or  in  any  portion  of  profits  thereof.  Provided  that  incidental  interest 
such  as  the  ownership  of  stock  or  bonds  in  a  railroad,  telephone  or  other 
public  utility,  which  may  as  an  incident  to  its  usual  business  furnish  serv- 
ices or  supplies  to  the  contractor,  shall  not  be  included  in  the  meaning  of 
this  provision." 

B.  Personal  Attention  of  Contractor. 

"The  contractor  shall  give  personal  attention  to  the  faithful  prosecution 
and  completion  of  this  work  and  shall  be  present  either  in  person  or  by 
duly  authorized  representative  on  the  site  of  the  work  continually  during 
its  progress.  He  shall  maintain  an  office  on  or  adjacent  to  the  site  of  the 
work." 

C.  Contractor's  Address. 

"Both  the  address  given  in  the  proposal  upon  which  this  contract  is 
based  and  the  contractor's  office  at  or  near  the  site  of  the  work  are  hereby 
designated  as  places  to  either  of  which  notices,  letters  or  other  communica- 
tions to  the  contractor  may  be  mailed  or  delivered.  The  delivering  at  either 
of  the  above  named  places  of  any  such  notice,  letter,  or  other  communica- 
tion from  the  party  of  the  first  part  to  the  contractor  shall  be  deemed  suffi- 
cient services  thereof  upon  the  contract,  and  date  of  said  services  shall 
be  the  date  of  such  delivery." 

D.  Contractor's  Agent. — To  avoid  the  assumption  of  personal  re- 
sponsibility by  the  party  of  the  first  part,  the  right  to  direct  individual 
workmen  should  not  be  reserved.      Such  instructions  as  may  be  neces- 
sary must  be  given  only  to  the  contractor  or  to  his  duly  authorized 
agent,  and  to  assure  the  constant  attendance  of  some  duly  authorized 
agent  of  the  contractor,  during  the  progress  of  the  work,  requires  a 
specific  clause  in  the  agreement. 

"The  contractor,  during  his  absence  from  the  work,  shall  keep  a  com- 
petent superintendent  or  foreman  upon  the  work,  fully  authorized  to  act  for 
him  in  his  absence,  and  to  receive  such  orders  as  may  be  given  for  the 
proper  continuance  of  the  work.  Notice  of  any  imperfections  in  the  work 
or  material  furnished  to  any  foreman  or  agent  in  charge  of  any  portion  of 
the  same,  in  the  absence  of  the  contractor,  shall  be  considered  as  notice 
to  the  contractor." 

E.  Observance  of  Laws  and  Ordinances. — When  an  agreement  is 
made,  especially  by  a  municipal  corporation,  for  work  to  be  done  in 
ct"  rtr~"t";  or  when  the  public  may  become  interested  or  affected,  a 


Responsibility  of  Contractor  261 

stipulation  should  be  included  binding  the  contractor  to  observe  the 
laws  and  ordinances  so  that  he  may  claim  no  exemption  on  account  of 
the  provision  of  the  agreement. 

"The  party  of  the  second  part  shall  be  subject  to  all  laws  and  ordi- 
nances of  the  city  of  ,  within  which  city  this  agreement  is 

to  be  fulfilled,  and  said  contractor  shall  be  entitled  to  no  exemption  there- 
from on  account  of  this  contract." 

F.  Protection  Against  Negligence  and  Damages. — In  every  agree- 
ment stipulation  should  be  included  providing  for  the  protection  of 
public  property,  and  the  liability  of  the  contractor  should  be  fixed  for 
any  negligence  of  himself  or  of  his  employees  and  for  resulting  dam- 
age occasioned  thereby. 

"Should  any  work  be  done  or  material  furnished  or  placed  on  the  pub- 
lic streets  or  ways  or  in  any  other  place  where  protection  is  necessary,  the 
contractor  shall,  at  all  times,  and  especially  during  the  night,  put  up  and 
maintain  such  barriers  and  red  lights  and  take  such  other  needful  precau- 
tions as  may  be  necessary  to  effectually  prevent  the  happening  of  any  acci- 
dents in  consequence  of  the  work  being  done  or  material  being  deposited  in 
such  places,  and  the  contractor  shall  be  liable  for  all  damages  occasioned 
in  this  way  or  by  reason  of  his  act  or  neglect  or  of  that  of  any  authorized 
subcontractor  or  any  agent,  employee  or  workmen;  and  the  said  contractor 
shall  save  and  keep  harmless  the  said  first  party  from  all  suits  or  demands 
for  damages  alleged  to  have  occurred  to  persons  or  property  by  reason  of 
said  work  or  of  so  placing  said  material  or  from  said  act  or  negligence. 

"And  the  said  party  of  the  second  part  further  agrees  during  the  per- 
formance of  the  work  to  take  all  necessary  precaution  and  to  place  proper 
guards  for  the  prevention  of  accidents  and  put  up  at  night  suitable  and 
sufficient  light  and  will  indemnify  and  save  harmless  the  said  parties  of  the 
first  part  from  all  damages  and  costs  to  which  they  may  be  put  by  reason  of 
injury  to  the  person  or  property  of  another,  resulting  from  negligence  or 
carelessness  in  the  performance  of  the  work  or  in  guarding  the  same,  or 
from  any  improper  material  used  in  its  construction,  or  by  or  on  account  of  act 
or  omission  of  the  said  party  of  the  second  part  or  the  agent  thereof;  and  the 
said  party  of  the  second  part  hereby  further  agrees  that  the  whole  or  so  much 
of  the  money  due  under  or  by  virtue  of  this  agreement  as  shall  or  may  be 
considered  necessary  by  the  aqueduct  commissioners  shall,  or  may  be,  re- 
tained by  the  parties  of  the  first  part  until  all  suits  or  claims  for  damages, 
as  aforesaid,  have  been  settled  and  satisfactory  evidence  to  that  effect  fur- 
nished the  said  commissioners. 

"The  said  contractor  shall  take  proper  means  to  protect  the  adjacent 
or  adjoining  property  or  properties  in  any  way  encountered  or  which  might 
be  injured  by  any  process  of  construction,  to  be  undertaken  under  this 
agreement,  and  he  shall  be  liable  for  any  or  all  claims  for  damages  on  ac- 
count of  his  failure  to  fully  protect  all  property  injured  during  or  o-  Q3- 
count  of  such  construction," 


262  General  Conditions  of  the  Contract 

G.  Protection  Against  Claims  for  Labor  and  Material. — The  agree- 
ment should  contain  stipulations  protecting  the  party  of  the  first  part 
from  all  claims  for  labor  and  material  furnished  for  the  completion 
of  the  contract,  and  it  should  also  contain  any  special  restriction  neces- 
sary for  the  method  of  paying  labor  on  the  work. 

"The  said  party  of  the  second  part  agrees  that  he  will  indemnify  and 
save  harmless  the  party  of  the  first  part  from  all  claims  against  said  first 
party  for  material  furnished  or  work  done  under  this  contract,  and  it  is 
further  agreed  by  the  party  of  the  second  part  that  said  second  party  shall 
if  so  desired  furnish  the  said  first  party  satisfactory  evidence  that  all  per- 
sons who  have  done  work  or  furnished  material  under  this  agreement  have 
been  duly  paid  for  such  work  or  material,  and  in  case  such  evidence  is  de- 
manded and  not  furnished  to 'the  aforesaid  first  party,  such  amount  as  may, 
in  the  opinion  of  the  said  first  party,  be  necessary  to  meet  the  claims  of  the 
persons  aforesaid,  may  be  retained  from  the  money  due  said  party  of  the 
second  part  under  this  agreement,  until  satisfactory  evidence  be  furnished 
that  all  liabilities  have  been  fully  discharged." 

H.  Protection  Against  Royalties  on  Patented  Inventions. — The 
party  letting  the  work  should  commonly  be  protected  from  suit  for 
damages  occasioned  by  the  use  of  patented  articles  on  or  in  connection 
with  the  work  or  the  installation  included  in  the  contract.  A  stipula- 
tion should  therefore  be  included  in  the  specifications  by  which  the 
contractor  agrees  to  protect  the  party  of  the  first  part  from  any  and 
all  royalties  on  any  patented  invention  installed  or  used  by  him  in  con- 
nection with  the  work,  or  if  the  said  party  of  the  first  part  is  to  pay 
for  such  royalties  it  should  be  so  provided  and  specified.  Such  stipu- 
lations should  especially  be  provided  in  the  agreement  covering  in- 
stallation of  machinery  or  in  the  installation  of  various  works  for  man- 
ufacturing or  similar  installation.  The  contractor  should  not,  how- 
ever, be  held  for  the  use  of  patented  articles  or  methods  which  are 
specified  in  the  contract,  but  arrangements  for  the  use  of  such  patents 
should  be  made  by  the  engineer  or  other  agent  of  the  party  of  the  first 
part. 

"The  contractor  shall  protect  and  save  harmless  the  party  of  the  first 
part  from  all  and  every  demand  for  damages,  royalties  or  fees  on  any 
patented  invention  used  by  him  or  used  in  connection  with  the  work  done 
or  material  furnished  under  this  contract,  and  it  shall  be  the  duty  of  such 
contractor  if  so  demanded  by  the  party  of  the  first  part  to  furnish  said 
first  party  with  a  proper  legal  release  or  indemnity  from  and  against  all 
such  claims,  and  any  or  all  payments  may  be  withheld  from  said  contractor 
until  said  release  is  furnished  if  the  party  of  the  first  part  so  elects.  The 
above  shall  not,  however,  include  any  patented  invention  or  process  ordered 
by  the  engineer  or  specified  in  the  contract." 

/.  Assignment  and  Subletting. — In  cases  where  the  agreement  is 
drawn  for  the  personal  skill  or  professional  knowledge  of  the  con- 


Responsibility  of  Contractor  263 

tractor,  no  assignment  or  subletting  of  the  work  would  naturally  be 
permitted.  In  other  cases,  it  is  usually  desirable  that  the  assignment 
or  subletting  of  the  work,  or  any  part  thereof,  shall  be  done  only  with 
the  knowledge  and  consent  of  the  parties  of  the  first  part  or  their  duly 
authorized  agents.  It  is  therefore  customary  to  include  in  the  agree- 
ment some  clause,  stipulating  such  restrictions  in  regard  to  this  matter 
as  the  conditions  may  make  desirable. 

"The  said  contractor  further  agrees  that  he  will  give  his  personal  at- 
tention to  the  fulfillment  of  this  agreement  and  that  he  will  not  sublet  the 
aforesaid  work  or  the  furnishing  of  the  aforesaid  material,  but  will  keep 
the  same  under  his  personal  control,  and  that  he  will  not  assign  by  power 
of  attorney  or  otherwise  any  portion  of  said  contract  unless  by  and  with  the 
previous  consent  of  the  first  party  as  signified  by  endorsement  of  this  agree- 
ment by  the  officials  whose  signatures  are  attached  hereto." 

/.  Abandonment  and  Forfeiture, — In  order  to  provide  for  due 
progress  on  the  work  under  the  conditions  of  abandonment  of  the  same 
by  the  contractor,  it  is  customary  to  introduce  a  stipulation  whereby 
the  parties  of  the  first  part  may,  after  due  notification  to  the  con- 
tractor's sureties,  carry  the  work  to  completion. 

"In  case  the  contractor  shall  abandon  the  work  and  fail  or  refuse  to 

commence  it  again  within days  after  notification  from  the  first  party, 

or  if  he  should  fail  to  comply  with  the  orders  of  the  engineer  or  with  this 
agreement  or  with  the  specifications  hereto  attached,  then,  and  in  that  case, 
the  sureties  on  the  bond  shall  be  notified  and  directed  to  complete  the  same. 
In  case  the  sureties  fail  to  comply  with  the  notice,  the  first  party  may,  within 

days  after  serving  such  notice,  carry  on  the  work  at  the  expense  of 

the  contractor  and  sureties." 

In  the  flood  protection  work  of  the  Miami  Conservancy  District 
where  large  and  important  contracts  are  involved  and  where  the  matter 
of  delays  may  become  serious,  a  more  elaborate  provision  for  termi- 
nating the  contract  has  been  prepared  after  serious  and  thorough  con- 
sideration.* 

"If  the  work  to  be  done  under  this  Contract  shall  be  abandoned  by  the 
Contractor,  or  if  this  Contract  shall  be  assigned,  or  placed  in  bankruptcy,  or 
the  work  sublet  by  him,  otherwise  than  as  herein  specified,  or  if  at  any  time 
the  Engineer  shall  be  of  the  opinion,  and  shall  so  certify  in  writing  to  the 
Board,  that  the  performance  of  the  Contract  is  unnecessarily  or  unreasonably 
delayed,  or  that  the  Contractor  is  violating  any  of  the  conditions  or  agree- 
ments of  this  Contract,  or  is  executing  the  same  in  bad  faith  or  not  in  accord- 
ance with  the  terms  thereof,  or  is  not  making  such  progress  in  the  execution 
of  the  work  as  to  indicate  its  completion  within  the  time  specified  in  this  Con- 
tract, or  within  the  time  to  which  the  completion  of  the  Contract  may  have 


*  Report  of  A.  E.  Morgan,  Chief  Engineer,  Vol.  Ill,  p.  44. 


264  General  Conditions  of  the  Contract 

been  extended  by  the  Board,  the  Board  may  notify  the  Contractor  to  discon- 
tinue all  work  or  any  part  thereof,  under  this  Contract,  by  a  written  notice  to 
be  served  upon  the  Contractor  as  hereinbefore  provided,  and  a  copy  of  which 
notice  shall  be  given  to  his  Surety,  or  the  authorized  agent  for  the  latter; 
thereupon  the  Contractor  shall  discontinue  the  work,  or  such  part  thereof  as 
the  Board  shall  designate,  and  thereupon,  the  Surety  may,  at  its  option,  as- 
sume this  Contract,  or  that  portion  thereof  on  which  the  Board  has  ordered 
the  Contractor  to  discontinue  work,  and  proceed  to  perform  the  same,  and 
may,  with  the  written  consent  of  the  Board,  sublet  the  work  or  portion  of  the 
work  so  taken  over;  provided,  however,  that  the  Surety  shall  exercise  its  op- 
tion, if  at  all,  within  two  weeks  after  written  notice  to  discontinue  work  has 
been  served  upon  the  Contractor  and  upon  the  Surety  or  its  authorized  agent. 
The  Surety,  in  such  event,  shall  take  the  Contractor's  place  in  all  respects, 
and  shall  be  paid  by  the  party  of  the  first  part  for  all  work  performed  by  it 
in  accordance  with  the  terms  of  this  contract;  and  if  the  Surety  under  the 
provisions  hereof  shall  assume  said  entire  Contract,  all  moneys  remaining 
due  the  Contractor  at  the  time  of  his  default,  shall  thereupon  become  due  and 
payable  to  the  Surety  as  the  work  progresses,  subject  to  all  of  the  terms  of 
this  Contract. 

"In  case  the  Surety  does  not,  within  the  hereinbefore  specified  time,  exer- 
cise its  right  and  option  to  assume  this  Contract  or  that  portion  thereof  on 
which  the  Board  has  ordered  the  Contractor  to  discontinue  work,  then  the 
Board  shall  have  the  power  to  complete  by  contract  or  otherwise,  as  it  may 
determine,  the  work  herein  described,  or  such  "part  thereof  as  it  may  deem 
necessary,  and  the  Contractor  agrees  that  the  Board  shall  have  the  right  to 
take  possession  of  and  use  any  of  the  materials,  plant,  tools,  equipment,  sup- 
plies and  property  of  every  kind  provided  by  the  Contractor  for  the  purpose 
of  his  work,  and  to  procure  other  tools,  equipment  and  materials  for  the 
completion  of  the  same,  and  to  charge  to  the  Contractor  the  expense  of  said 
contracts,  labor,  materials,  tools  and  equipment  and  expenses  incident  thereto. 
The  expense  so  charged  shall  be  deducted  by  the  District  out  of  such  moneys 
as  may  be  due  or  may  at  any  time  thereafter  become  due  the  Contractor  under 
and  by  virtue  of  this  Contract,  or  any  part  thereof.  The  Board  shall  not  be 
required  to  obtain  the  lowest  figures  for  the  work  of  completing  the  Contract, 
but  the  expense  to  be  deducted  shall  be  the  actual  cost  of  such  work.  In 
case  such  expense  is  less  than  the  sum  which  would  have  been  payable  under 
this  Contract  if  the  same  had  been  completed  by  the  Contractor,  then  the 
Contractor  shall  be  entitled  to  receive  the  difference;  and  in  case  such  ex- 
pense shall  exceed  the  amount  which  would  have  been  payable  under  the  con- 
tract if  the  same  had  been  completed  by  the  Contractor,  then  the  Contractor 
shall  pay  the  amount  of  such  excess  to  the  District  on  notice  from  the  Board 
of  the  excess  so  due;  but  such  excess  shall  not  exceed  the  amount  due,  under 
this  Contract,  at  the  time  the  Contractor  is  notified  to  discontinue  said  work, 
or  any  part  thereof,  plus  the  amount  of  the  bond  or  bonds  executed  by  the 
Contractor  for  the  performance  of  this  Contract.  When  any  particular  part 
of  the  work  is  being  carried  on  by  the  Board,  by  contract  or  otherwise,  under 
the  provisions  of  this  section,  the  Contractor  shall  continue  the  remainder 
of  the  work  in  conformity  with  the  terms  of  this  Contract,  and  in  such  man- 
ner as  in  nowise  to  hinder  or  interfere  with  the  persons  or  workmen  em- 
ployed, as  above  provided,  by  the  Board." 


Responsibility  of  Contractor  265 

K.  Time  and  Order  of  Completion — Liquidated  Damages — Right 
to  Discontinue  Work. — The  Time  of  completion  of  a  contract  is  often 
of  great  importance,  and  in  all  contracts,  even  where  the  importance  of 
early  completion  is  not  great,  a  time  of  completion  should  be  specified, 
otherwise  the  work  may  be  delayed  unduly. 

The  time  of  completion  must  often  be  made  the  essence  of  a  con- 
tract on  account  of : 

(a)  The  necessity  of  having  a  given  work  completed  to  meet  cer- 
tain emergencies,  contingencies  or  uses. 

(b)  On  account  of  the  losses  of  interest  on  investment  or  other 
damages  which  may  be  occasioned  by  delay. 

For  these  reasons,  and  perhaps  for  many  others  which  might  be 
mentioned,  a  specific  time  of  completion  should  be  stipulated  in  the 
agreement.  It  is  also  frequently  desirable  that  certain  portions  of  the 
work  shall  be  completed  first,  and  that  other  portions  of  the  work  shall 
follow  in  a  given  order,  to  best  serve  the  purposes  of  the  construction. 
In  such  cases,  the  order  of  completion  may  be  an  essential  feature  of 
an  agreement.  The  character  of  the  work  may  also  be  such  that  it 
cannot  be  properly  performed  under  certain  weather  conditions,  and 
it  may  become  desirable  to  discontinue  the  work  when  such  conditions 
arise.  When  such  conditions  are  likely  to  arise,  stipulations  to  this  ef- 
fect should  be  included  in  the  agreement. 

There  can  be  no  doubt  that  a  contractor  is  legally  bound1,  by  a 
stipulation  to  complete  a  contract  on  a  given  day  or  date  provided  the 
time  limit  is  reasonably  possible,  and  provided  also  that  he  is  not  de- 
layed by  conditions  entirely  beyond  his  control.  When  a  contractor 
delays  the  time  of  completion  beyond  that  specified  in  the  contract,  and 
especially  when  such  delays  are  caused  by  his  own  negligence,  he  is 
undoubtedly  liable  for  damages  occasioned  by  such  delays,  and  such 
damages  can  be  collected  by  due  process  of  law. 

"The  party  of  the  second  part  further  agrees  that  the  work  shall  be 
commenced  and  carried  on  at  the  point  and  in  the  order  of  precedence  speci- 
fied. 

"The  said  party  of  the  second  part  further  agrees  that  he  will  commence 

the  work  within  days  after  the  execution  of  this  contract,  and  will 

progress  therewith  so  that  by  the day  of ,  19. .,  the  work  shall 

be  completed  in  accordance  with  this  agreement." 

L.  Rate  of  Progress  and  Forfeiture. — When  the  time  of  comple- 
tion is  important,  and  the  length  of  time  necessary  for  construction  is 
considerable,  it  is  not  sufficient  simply  to  provide  that  the  work  shall 


266  General  Conditions  of  the  Contract 

be  completed  at  a  certain  date,  for  with  such  a  provision  no  recourse 
can  be  had  against  the  contractor  until  after  the  date  of  completion. 
To  assure  the  prompt  completion  of  the  work,  it  is  desirable  in  all  such 
agreements  to  stipulate  that  the  rate  of  progress  shall  be  made  an  es- 
sential feature  of  the  contract,  and  it  should  be  provided  that  unless  the 
rate  of  progress  necessary  to  complete  the  work  in  the  specified  time 
is  maintained,  the  contract  may  be  forfeited  and  relet,  or  the  work 
prosecuted  by  other  means,  which  means  should  be  specified  in  detail. 

Failure  to  maintain,  a  given  rate  of  progress  and  the  consequent 
forfeiture  of  a  contract  are  serious  features  when  forfeiture  is  actually 
declared,  and  are  apt  to  lead  to  litigation.  For  this  reason,  the  method 
of  determining  progress  should  be  clearly  defined,  so  that  the  right  to 
declare  forfeiture  in  case  forfeiture  is  declared,  may  be  perfectely  clear. 

The  fundamental  basis  on  which  the  rate  of  progress  and  comple- 
tion of  all  contracts  must  depend,  is  the  number  of  days'  work  to  be 
done,  and  the  time  available  for  doing  it.  Under  ordinary  conditions, 
the  rule  for  determining  the  rate  of  progress  is  first  to  determine  the 
total  number  of  days  worked  included  in  all  classes  of  work  covered 
by  the  contract,  and  divide  by  the  time.  The  quotient  will  be  the  num- 
ber of  days'  work  wrhich  must  be  done  in  each  unit  or  division  of  time. 
The  factors  in  the  problem  are  the  quantity  of  work,  and  the  time  in 
which  it  is  to  be  done ;  and  the  ordinary  and  usual  method  of  calculat- 
ing the  quantity  of  work  is  by  the  day's  work. 

The  term  "day's  work"  represents  the  amount  of  work  which  can 
be  done  by  one  man  in  one  day,  and  is  independent  of  the  pay  which 
the  man  receives:  thus,  a  laborer  at  $1.75  per  day,  a  stone-cutter  at 
$6.00  per  day,  or  a  sculptor  at  $50.00  per  day  would  each  do  one  day's 
work  in  one  day's  time.  The  cost,  therefore,  is  not  the  measure  of 
quantity  of  work,  although  it  is  the  measure  of  value. 

In  all  contracts,  however,  where  one  class  of  work  only  is  involved, 
or  where  the  classes  are  so  similar  that  the  cost  of  the  same  is  in  pro- 
portion to  the  work  done,  quantity  and  values  are  essentially  similar, 
and  the  rate  of  progress  may  be  measured  by  either  quantity  or  value. 
From  the  inception  of  the  work,  the  engineer  must  bear  in  mind  the 
time  required  for  its  completion,  and  the  rate  of  progress  must  be  based 
upon  the  actual  time  which  will  be  required  for  completion.  Often  on 
account  of  the  nature  of  certain  portions  of  the  work,  a  greater  portion 
of  time  must  be  allowed  for  the  execution  of  certain  classes  of  work, 
and  on  others  on  account  of  limited  space  or  other  conditions  where 
only  a  certain  number  of  days'  work  per  day  are  possible.  Frequently 


Responsibility  of  Contractor  267 

correlative  work,  or  work  which  depends  for  its  execution  on  the  com- 
pletion or  progress  of  other  work,  will  take  no  especial  or  distinct  por- 
tion of  time  for  its  execution,  as  it  can  progress  as  other  work  pro- 
gresses. 

In  the  practical  execution  of  work,  another  feature  must  be  con- 
sidered in  this  connection,  that  is,  the  preparation  for  the  execution  of 
work.  It  takes  a  certain  length  of  time  to  get  the  plant  on  the  ground, 
and  to  get  it  in  shape  for  the  proper  performance  of  its  functions. 
Then,  too,  in  the  beginning  of  a  work  it  is  impossible  to  accomplish  as 
much  the  first  month  as  the  second,  or  the  second  month  as  the  fourth, 
but  a  considerable  time  must  elapse  before  the  work  is  in  full  swing 
and  can  be  systematically  prosecuted.  This  is  due  to  the  fact  that  men 
and  machinery  are  new  and  also  to  the  fact  that  work  cannot  be  rapidly 
prosecuted  until  it  is  opened  up  and  rendered  accessible. 

Rate  of  progress  also  depends  on  the  plant  installed,  and  the  spec- 
ifications requiring  a  higher  rate  of  progress  may  involve  an  expendi- 
ture for  a  plant  which  will  add  materially  to  the  cost  of  the  work.  The 
plant  must  necessarily  be  selected  in  view  of  the  time  of  completion 
and  the  rate  of  progress  required ;  thus,  a  single  steam  shovel  will 
handle  from  600  to  1,000  yards  of  earth  per  day  and  cannot  be  set  up 
to  advantage  for  removing  less  than  100,000  yards.  If  the  rate  of 
progress  specified  is  so  great  that  a  large  number  of  shovels  are  re- 
quired, the  investment  involved  is  very  large,  and  the  cost  per  yard 
may  be  greatly  increased  over  what  the  cost  would  be  if  sufficient  time 
were  allowed  so  that  only  one  shovel  would  be  required. 

A  high  rate  of  progress  of  work  is  often  possible  where  it  is  not 
feasible,  for  the  element  of  cost  is  important  not  only  to  the  contractor 
who  takes  the  work,  but  also  to  the  party  having  the  work  done,  for 
the  contractor  must  base  his  charges  on  the  absolute  requirements  of 
construction. 

The  specifications  of  the  Sanitary  District  of  Chicago  follow : 
"The  work  done  each  month  shall  not  be  less  than  the  proportion  in- 
dicated by  the  total  number  of  months,  provided  that  the  first  four  months 
after  notice  to  begin  shall  be  considered  as  one  month  and  the  last  two 
months  before  completion  as  one  month,  and  provided  further  that  this  rate 
shall  not  be  required  if  at  any  time  the  aggregate  work  done  exceeds  the 
total  proportion  due  to  the  time  that  has  passed  since  notice  to  begin  work, 
and  always  provided  that  the  sanitary  district  shall  not  be  obliged  to  make 
payment  in  excess  of  the  above  month  in  proportion." 

The  Aqueduct  Commission  of  the  City  of  New  York,  in  a  con- 
tract for  Section  13  of  the  New  Croton  Aqueduct  required : 


268 


General  Conditions  of  the  Contract 


"That  the  rate  of  progress  shall  be  such  that,  1st,  in  100  days  from  the 
execution  of  the  contract  both  the  shafts  shall  be  excavated  to  their  full 
depth;  2d,  in  each  and  every  month,  commencing  60  days  from  the  time  the 
shafts  must  be  excavated,  not  less  than  one-ninth  of  the  total  length  of  each 
heading  shall  be  excavated;  3d,  on  or  before  the  30th  day  of  September,  1887, 
the  whole  work  shall  be  completed  in  accordance  with  this  agreement." 

In  a  contract  for  the  improved  sewerage  of  the  City  of  Lynn, 
Massachusetts,  the  requirements  for  time  of  beginning,  rate  of  prog- 
ress, and  time  of  completion,  are  as  follows : 

"The  said  contractor  further  agrees  that  he  will  commence  the  work 
within  ten  days  of  the  execution  of  the  contract  and  will  progress  there- 
with so  that  by  the  20th  day  of  October,  1887,  the  value  of  the  work  done, 
and  the  materials  delivered  shall  at  least  equal  one-third  of  the  value  of  the 
total  amount  of  work  to  be  done  and  the  materials  to  be  delivered  under 
this  contract  and  by  the  15th  of  November,  1887,  said  value  shall  at  least 
equal  one-half  of  said  total  amount,  and  by  the  first  of  July,  1888,  the  whole 
work  shall  be  completed  in  accordance  with  this  agreement." 

This  last  specification  includes  work  in  which  the  amount  of  work 
and  material  is  fairly  measured  by  the  value  of  said  work  and  material. 
In  many  contracts  this  is  frequently  not  the  case.  For  example,  in 
works  for  construction  of  levees,  which  require  the  clearing  and  grub- 
bing of  land  and  in  which  the  price  for  said  clearing  and  grubbing  is 
included  in  the  price  per  cubic  yard  for  the  levees,  the  cost  of  the  pre- 
liminary work  may  be  very  considerable  and  may  require  a  considerable 
amount  of  labor  and  time,  for  which,  in  the  contract,  no  direct  return 
is  received,  and  an  allowance  for  time  must  necessarily  be  made  for 
the  execution  of  these  preliminary  wrorks. 

It  has  been  suggested  by  Mr.  E.  R.  Shnable  that  a  satisfactory 
method  of  handling  the  rate  of  progress  would  be  to  provide  a  blank 
in  the  proposal,  and  require  the  contractor  to  fix  his  own  rate  of  prog- 
ress in  percentages,  essentially  as  follows : 

"If  awarded  the  contract  for  this  work   propose  to  complete  the 

same  at  the  rates  indicated  in  the  following  table  in  which  the  progress  is  ex- 
pressed in  percentages  of  the  money  value  of  the  work  to  be  performed  under 
the  contract,  at  the  various  dates  specified. 


On  October  1,  1916   per  cent. 

On  November  1,  1916   per  cent. 

On  December  1,  1916 per  cent. 

On  January  1,  1917 per  cent. 


On  February  1,  1917 per  cent. 

On  March  1,  1917 per  cent. 

On  April  1,  1917 per  cent. 

On  May  1,  1917 100  per  cent. 


May  i  being  the  date  of  completion  fixed  by  the  specifications  or 
otherwise. 


Responsibility  of  Contractor  269 

M.  Liquidated  Damages. — Liquidated  damages  to  the  extent  of 
the  actual  damages  occasioned  by  the  delay  wi.l  undoubtedly  consti- 
tute a  legal  and  valid  claim.  The  agreement  may  fix  a  certain  sum  as 
damages  for  delay,  but  there  is  always  a  question  as  to  whether  the 
amount  fixed  may  be  actually  retained  or  recovered  at  law.  While  it 
is  a  common  practice  in  such  stipulations  to  define  the  sum  to  be  re- 
tained as  "liquidated  damages,"  it  is  nevertheless  true  that  the  court 
will  usually  not  regard  such  sum  as  actual  "liquidated  damages,"  unless 
it  can  be  shown  that  the  actual  damages  sustained  were  equal  to  or 
greater  than  the  amount  as  named.  In  such  cases  the  court  will  not 
sustain  a  penalty  but  will  sustain  the  collection  or  retention  of  the  ac- 
tual damage  when  said  damage  is  not  less  than  the  amounts  named  in 
the  contract.15 

It  may  here  be  noted  that  difficulties  in  the  way  of  construction, 
casualties,  accidents,  etc.,  are  not  excuses  which  will  tend  to  relieve  the 
contractor  from  "liquidated  damages."  On  the  other  hand,  a  delay 
occasioned  by  the  party  of  the  first  part  or  by  other  contractors  may 
relieve  a  contractor  from  "liquidated  damages."10  When  liquidated 
damages  are  actually  incurred,  such  damages  are  sometimes  waived  by 
a  failure  to  notice  the  default  or  by  allowing  the  work  to  continue  and 
payments  to  be  made  as  if  such  default  had  not  occurred.17 

Where  the  time  of  completion  is  a  matter  of  real  moment  and 
"liquidated  damages"  are  specified  for  delays,  it  is  desirable  in  the  in- 
terest of  fairness  and  justice  to  insert  also  a  bonus  clause  for  the  com- 
pletion of  the  work  in  advance  of  the  time  requirement.  The  bonus 
clause  also  adds  the  element  of  mutuality  and  assures  the  enforcement 
of  either  penalty  or  bonus  as  a  matter  of  mutual  agreement. 

"Should  the  contractor  fail  to  complete  the  work  as  herein  specified 
within  the  time  named,  unless  granted  an  extension  of  time  by  the  party  of 
the  first  part,  he  shall  be  liable  for  the  wages  of  the  superintendent  on  his 
work  from  the  above  specified  time  to  the  date  of  the  engineer's  certificate 
of  completion  of  his  work,  and  the  amount  of  such  wages  shall  be  deducted 
from  the  money  which  may  be  due  to  him  from  the  amount  of  the  final  esti- 
which  may  be  due  or  become  due  to  the  said  contractor,  under  this  agree- 
ment, the  sum  of  dollars  ( $ . . )  per  day  as  liquidated  damages  for 

every  day  the  aforesaid  work  may  be  uncompleted  over  and  beyond  the 
time  herein  stipulated  for  its  completion:  provided,  however,  that  the  said 
first  party  shall  have  the  right  to  extend  the  time  for  the  completion  of  the 
said  work  if  he  should  decide  so  to  do. 

"And  the  said  party  of  the  second  part  agrees  to  commence  the  work 
herein  required  to  be  done  within days  after  the  signing  of  this  con- 
tract, and  that  the  rate  of  progress  shall  be  such  that  on  or  before  the 

day  of  19..,  the  whole  works  shall  be  completed  according  to  this 

agreement. 


270  General  Conditions  of  the  Contract 

"In  case  the  said  party  shall  fail  to  fully  and  entirely,  and  in  con 
formity  with  the  provisions  and  conditions  of  this  agreement,  perform  and 
complete  the  said  work  and  each  and  every  part  and  appurtenances  thereof 
within  the  time  hereinbefore  specified  for  such  performance  and  comple- 
tion, or  within  the  said  further  time  which  may  be  allowed  by 

for  such  performance  and  completion,  the  said  party  of  the  second  part  shall 

and  will  pay  to  the  said  party  of  the  first  part  the  sum  of ( $ . . )  for 

each  and  every  day  that  the  said  party  of  the  second  part  shall  be  in  default, 

which  said  sum  of ($••)   per  day  is  hereby  agreed  upon  and  deter 

mined  by  the  parties  hereto  as  the  damages  which  the  party  of  the  first 
part  will  suffer  by  reason  of  such  default  and  not  by  way  of  penalty,  and 
the  said  parties  of  the  first  part  may  deduct  and  retain  the  said  sum  of 

($..)   per  day  out  of  any  money  which  may  be  due  or  become  due 

under  this  agreement." 

"The  time  of  completion  is  of  great  importance,  and  it  is  mutually  agreed 
between  the  parties  to  this  contract,  that  in  case  said  party  of  the  second 
part  shall  fail  to  fully  and  entirely  perform  and  complete  the  said  work  and 
every  part  thereof,  in  full  conformity  with  the  provisions  and  conditions  of 
this  agreement,  and  within  the  time  herein  before  specified  for  such  perform- 
ance and  completion,  then,  and  in  that  event,  the  said  party  of  the  second 
part  shall  and  will  pay  to  the  said  party  of  the  first  part  the  sum  of 
($..)  for  each  and  every  day  that  said  work  shall  remain  uncom- 
pleted. In  event,  however,  that  said  work  shall  be  fully  completed  before 
the  date  specified  for  such  completion,  then  and  in  that  event,  the  said  party 
of  the  first  part  shall  and  will  pay  to  the  said  party  of  the  second  part,  the 

sum  of ( $ . . )  for  each  and  every  day  that  the  said  party  of  the  second 

part  shall  have  completed  the  contract  in  advance  of  the  time  of  completion 
specified.  The  said  party  of  the  first  part  may  deduct  and  retain  the  said 
sum  of ($. . )  per  day  for  each  day  of  delay  beyond  the  date  of  com- 
pletion specified,  out  of  any  moneys  which  may  be  due  or  become  due  under 
this  agreement,  or  shall  add  to  the  final  payment  of  the  party  of  the  second 

part,  the  sum  of ($..)  for  each  day  the  work  is  completed  prior  to 

the  specified  date  of  completion,*' 

§  154.  Conduct  of  the  Work. 

A.  Keeping  of  Plans  and  Specifications  Accessible. — It  is  usually 
desirable  to  have  plans  and  specifications  readily  accessible  on  the  work, 
in  order  that  the  requirements  of  the  contract  can  be  discussed  and 
defined  by  the  engineer  or  inspector  with  the  contractor  and  his  su- 
perintendent. These  papers  can  usually  be  made  most  conveniently 
accessible  by  being  kept  at  the  contractor's  local  office  or  in  some  other 
manner  on  the  work.  A  clause  to  this  effect  is  commonly  desirable. 

"The  contractor  shall  keep  a  copy  of  the  plans,  profiles  and  specifications 
constantly  accessible  on  the  work  for  the  use  of  the  engineer  and  inspector  in 
the  work  of  supervision.  The  party  of  the  first  part  shall,  however,  furnish 
free  of  charge,  such  plans,  profiles  and  specifications  as  are  necessary  for  this 
purpose." 


Conduct  of  the  Work  271 

B.  Character  of  Workmen. — (Foreign  labor,   convict  labor  and 
eight-hour  law.)     While  the  party  of  the  first  part,  if  he  would  place 
the  responsibility  as  to  accidents  and  ultimate  results  on  the  contractor, 
must  not  undertake  the  direction  of  individual  workmen,  he  may  pro- 
vide that  such  workmen  shall  be  faithful,  orderly,  competent  and  skill- 
ful.    Where  work  is  to  be  done  for  the  public,  or  must  be  done  under 
any  statutory  enactments,  it  is  desirable  a1so  to  include  a  stipulation 
reciting  the  restrictions  of  such  statutes. 

"The  said  party  of  the  second  part  agrees  to  employ  only  orderly,  com- 
petent and  skillful  men  to  do  the  work;  and  that  whenever  the  engineer 
shall  inform  him  in  writing  that  any  man  or  men  on  the  work  are,  in  his 
opinion,  incompetent,  unfaithful  or  disorderly,  such  man  or  men  shall  be 
discharged  from  .the  work  and  shall  not  again  be  employed  on  the  same 
without  the  engineer's  written  consent." 

The  following  extract  from  one  of  the  specifications  of  the  United 
States'  Reclamation  Service  is  an  example  of  the  restrictions  which  it 
may  be  necessary  to  introduce  in  certam  contracts : 

"In  all  construction  work  eight  hours  shall  constitute  a  day's  work  and 
no  Mongolian  labor  shall  be  employed  thereon.  The  importation  of  foreign- 
ers and  laborers  under  contract  to  perform  labor  in  the  United  States  or  the 
Territories  or  the  District  of  Columbia  is  prohibited.  (Sec.  3738,  Rev.  Stat. 
0.  S.  Acts:  Aug.  1,  1892,  28  Stat.  L,  340;  June  17,  1902,  Sec.  4,  32  Stat.  L, 
388;  Feb.  26,  1885,  23  Stat.  L.,  332;  and  Feb.  23,  1887,  24  Stat.  L.,  414.)  In 
the  performance  of  this  contract  no  persons  shall  be  employed  who  are  un- 
dergoing sentences  of  imprisonment  at  hard  labor  imposed  by  courts  of  the 
several  States,  Territories  or  municipalities  having  criminal  jurisdiction. 
(Executive  order,  May  18,  1905.)" 

C.  Losses  and  Damages. — It  is  also  desirable  that  a  clear  under- 
standing shall  exist  as  to  who  is  to  bear  the  expense  due  to  casualties 
or  to  losses  due  to  the  action  of  the  elements  or  expenses  incurred  from 
other  unforseen  conditions  or  contingencies  which  may  increase  the 
cost  of  the  work.     These  conditions  are  usually  controlled  to  a  greater 
or  less  extent  by  the  skill,  care  and  methods  used  by  the  contractor. 
For  this  reason  he  is  usually  required  to  bear  the  expense  of  the  same. 

"All  loss  or  damage  arising  out  of  the  nature  of  the  work  to  be  done  or 
from  the  action  of  the  elements  or  from  any  unforeseen  circumstances  in 
the  prosecution  of  the  same  or  from  unusual  obstructions  or  difficulties 
which  may  be  encountered  in  the  prosecution  of  the  work,  or  from  any 
casualty  whatsoever  of  every  description,  shall  be  sustained  and  borne  by 
the  contractor  at  his  own  cost  and  expense." 

D.  Protection  of  Finished  or  Partially  Finished  Work. — It  is  com- 
monly desirable  to  hold  the  contractor  liable  for  the  care  of  wholly 


272  General  Conditions  of  the  Contract 

or  partially  finished  work  until  the  entire  completion  of  the  contract, 
and  he  should  not  be  relieved  in  this  matter  on  account  of  estimates 
or  payments  made  on  such  work. 

"The  contractor  shall  take  all  necessary  precautions  to  protect  all  work 
done,  or  material  furnished  under  this  agreement,  from  injury  by  action  of 
the  elements  or  by  the  process  of  construction;  he  shall  also  take  proper 
means  to  protect  adjacent  or  adjoining  property  or  property  in  any  way  en- 
countered or  which  might  be  injured  by  the  process  of  construction  to  be 
taken  under  this  agreement." 

"The  contractor  shall  properly  guard  and  protect  all  finished  or  par- 
tially finished  work,  and  shall  be  responsible  for  the  same  until  the  entire 
contract  is  completed  and  accepted  by  the  engineer.  Estimate  of  partial 
payment  on  work  so  completed  shall  not  release  the  said  contractor  from 
such  responsibility  but  he  shall  turn  over  the  entire  work  in  full  accordance 
with  the  specifications  before  final  settlement  shall  be  made." 

"The  contractor  shall  take  all  necessary  precautions  to  protect  all  work 
done  or  material  furnished  under  this  agreement  from  injury  by  the  action 
of  the  elements  or  the  processes  of  construction,  and  on  completion  of  the 
contract  shall  turn  over  the  same  and  every  part  thereof  in  full  accordance 
with  these  specifications." 

E.  Hindrances  and  Delays. — Various  unexpected  hindrances  and 
delays  during  the  process  of  construction  may  add  considerably  to  the 
expense  of  the  work.  The  contractor  is  commonly  required  to  sus- 
tain such  extra  expense  without  extra  compensation.  In  writing  such 
stipulation,  care  must  be  exercised  to  see  that  no  injustice  or  unneces- 
sary hardship  is  placed  on  the  contractor. 

When  the  progress  of  work  is  delayed  from  causes  entirely  beyond 
the  control  of  the  contractor,  he  is  ordinarily  entitled  to  an  extension 
of  time.  In  order  to  secure  such  extension,  he  is  usually  required  to 
make  an  application  in  which  he  must  set  forth  the  causes  of  the  delay. 

In  granting  such  extensions  of  time  it  is  usually  desirable  and  cus- 
tomary to  first  secure  the  consent  of  the  sureties  on  the  contractor's 
bond,  after  which  the  contractor  should  be  notified  of  the  extension 
granted.  It  should  also  be  stipulated  that,  in  granting  such  extension 
of  time,  the  party  of  the  first  part  does  not  otherwise  waive  any  rights 
under  the  contract. 

"No  charge  shall  be  made  by  the  contractor  for  hindrances  or  delays 
from  any  cause  (except  where  work  is  stopped  by  order  of  the  parties  of 
the  first  part)  during  the  progress  of  any  portion  of  the  work  embraced  in 
this  contract,  but  such  delays,  if  due  to  no  fault  or  neglect  of  the  contractor, 
shall  entitle  him  to  an  extension  of  time,  allowed  for  completing  the  work, 
sufficient  to  compensate  for  the  detention,  provided  the  contractor  shall  give 
t^o  ^ngineer  immediate  notice  in  writing  of  the  cause  of  such  detention. 


Conduct  of  the  Work  273 

The  amount  of  the  detention  shall  be  determined  by  the  engineer,  and  the 
extension  of  time  shall  not  include  unseasonable  weather.  In  case  said  work 
shall  be  stopped  by  the  act  of  the  party  of  the  first  part,  then  such  expense 
as  in  the  judgment  of  the  engineer  is  caused  by  such  stopping  of  said  work, 
other  than  the  legal  cost  of  carrying  on  the  contract,  shall  be  paid  by  the 
party  of  the  first  part  to  the  party  of  the  second  part. 

"The reserve  the  right  of  suspending  the  whole  or  any 

part  of  the  work  contracted  to  be  done  when  they  shall  deem  it  for  the  in- 
terests of  the  City  of so  to  do,  without  compensation  for  loss 

to  the  contractor  for  such  suspension  other  than  extending  the  time  of  com- 
pleting the  work  as  much  as  it  may  have  been  delayed  by  such  suspension; 
and  if  the  said  work  shall  be  delayed  for  the  reason  that  the  parties  of  the 
first  part  do  not  own  or  have  not  obtained  possession  of  land  on  which  same 
is  to  be  performed,  then  and  in  that  case  and  every  such  case,  the  party  of 
the  second  part  shall  be  entitled  to  so  much  additional  time  wherein  to  per- 
form and  complete  this  contract  on  his  part  as  the  engineer  shall  certify  in 
writing  to  be  just,  but  no  allowance  by  way  of  damages  shall  be  made  for 
such  delay.  Neither  an  extension  of  time  for  any  reason  beyond  that  fixed 
herein  for  the  completion  nor  the  doing  and  acceptance  of  any  part  of  the 
work  called  for  by  this  contract,  shall  be  deemed  to  be  a  waiver  by  the  said 
commissioners  of  the  right  to  abrogate  this  contract  for  abandonment  or 

delay,  in  the  manner  provided  for  in  the  paragraph  marked    in  this 

agreement." 

F.  Defects,  and  Their  Remedies. —  (Work  and  material.)     Work 
and  material  furnished  on  a  contract  must  be  fully  in  accordance  with 
the  agreement  and  specifications.      Work  that  has  been  done  and  is  not 
of  the  quality  required  by  a  reasonable  interpretation  of  the  specifica- 
tions should  be  torn  down  or  removed  and  rebuilt  in  accordance  with 
the  requirements.     If  the  materials  when  brought  on  the  site  of  the 
work   are   not    found   satisfactory   and   in    full   accordance   with   the 
agreement  and  specifications,  they  should  be  removed  at  once  so  that 
they  may  not  be  used  in  the  work  either  by  mistake  or  when  the  engineer 
is  not  aware  of  such  use.    A  stipulation  to  this  effect  in  the  agreement 
is  therefore  advisable. 

"And  it  is  further  agreed  that  if  the  work  or  any  part  thereof,  or  any 
material  brought  on  the  ground  for  use  in  the  work,  or  selected  for  the 
same,  shall  be  deemed  by  the  engineer  as  unsuitable,  or  not  in  conformity 
with  the  specifications,  the  contractor  shall  forthwith  remove  such  material 
and  rebuild  or  otherwise  remedy  such  work  in  accordance  with  the  direc- 
tions of  the  engineer." 

G.  Construction  Plant. — Agreements  are  usually  made  with  con- 
tractors for  certain  classes  of  work  on  account  of  their  experience  in 
such  work  and  on  account  of  their  possession  of  necessary  tools,  ma- 
chinery and  plant  for  the  construction  of  the  work  in  question.     The 
agreement  should  therefore  include  a  stipulation  providing  that  the  con- 


274  General  Conditions  of  the  Contract 

tractor  shall  furnish  the  necessary  tools,  machinery,  equipment  and 
plant  for  the  construction  of  the  work  to  be  done  under  the  agreement, 
unless  such  tools,  machinery,  equipment,  and  plant  are  to  be  furnished 
by  the  party  of  the  first  part. 

"The  party  of  the  second  part  shall  provide  all  labor,  material,  and 
machinery  necessary  in  the  prosecution  and  completion  of  this  contract 
where  it  is  not  otherwise  specially  provided  that  the  party  of  the  first 
part  shall  furnish  the  same,  and  it  is  also  to  be  understood  that  the  party  of 
the  first  part  shall  not  be  held  responsible  for  the  care  or  protection  of  any 
material,  tools  or  machinery  or  for  any  part  of  the  work  until  it  is  finally 
completed  and  accepted. 

"The  said  contractor  shall  furnish  the  necessary  scaffolding,  ways  and  all 
necessary  means  and  conveniences  for  the  transfer  of  the  material  to  its 
proper  place,  and  for  its  erection;  and  it  is  also  to  be  understood  that  the 
party  of  the  first  part  shall  not  be  held  responsible  for  the  care  or  protection 
of  any  material  or  part  of  the  work  until  its  final  acceptance." 

§  155.  Police  and  Sanitary  Regulations. — Certain  restrictions 
are  usually  desirable  in  order  to  enforce  satisfactory  police  and  sani- 
tary conditions  and  to  prevent  trouble  from  the  use  of  intoxicants  on 
the  work.  The  latter  is  especially  essential  when  the  work  to  be 
done  is  isolated  from  communities  where  liquor  is  sold  under  license. 

Only  three  brief  specifications  of  a  general  nature  are  here  given 
as  examples.  It  is  frequently  necessary  to  make  exact  regulations 
which  will  cause  the  contractor  considerable  expense,  especially  where 
large  works  are  to  be  constructed  in  connection  with  the  water  supplies 
of  large  cities.  In  such  cases  the  specifications  should  be  fully  elabo- 
rated in  order  that  the  contractor  may  be  completely  informed  as  to  the 
expense  which  will  be  involved  because  of  the  sanitary  regulations. 

A.  Sanitation. 

"Necessary  sanitary  conveniences  for  the  use  of  laborers  on  the  work, 
properly  secluded  from  public  observation,  shall  be  constructed  and  main- 
tained by  the  contractor  in  such  manner  and  at  such  points  as  shall  bo  ap 
proved  by  the  engineer,  and  their  use  shall  be  strictly  enforced. 

B.  Intoxicants. 

"The  contractor  shall  neither  permit  nor  suffer  the  introduction  or  use  of 
spirituous  liquors  upon  or  about  the  works  embraced  in  this  contract  or 
upon  any  grounds  occupied  by  him." 

C.  Contractor's  Buildings. 

"The  building  of  structures  for  housing  men,  or  the  erection  of  tents  or 
other  forms  of  protection  will  be  permitted  only  at  such  places  as  the  engi- 
neer shall  provide,  and  the  sanitary  condition  of  the  grounds  in  or  about 
such  structures  shall  at  all  times  be  maintained  in  a  manner  satisfactory  to 
the  engineer." 


Literature  275 

LITERATURE 

Engineering  and  Architectural  Jurisprudence.  John  C.  Wait,  .^art  III. 
A  construction  contract.  John  Wiley  &  Sons,  Inc.  New  York. 

Engineering  Contracts  and  Specifications.  Prof.  J.  B.  Johnson.  Includ- 
ing discussions  of  the  general  clauses  of  contracts  and  specifications.  3d  eel. 
McGraw-Hill  Book  Co.  Inc.  New  York. 

The  Standard  Documents  of  the  American  Institute  of  Architects.  Con- 
taining contract  forms  and  general  condition  of  the  contract  as  recommended 
by  the  Institute.  Published  by  the  Institute  at  Washington,  D.  C. 

Elements  of  Specifications  Writing.  Prof.  R.  D.  Kirby.  Discussion  ad- 
vertisements, proposals,  contracts,  general  conditions  and  specific  clauses  in 
contracts.  John  Wiley  &  Sons,  Inc.  New  York. 

Laws  and  Business  of  Engineering  and  Contracting.  C.  E.  Fowler. 
Discussion  contracts  and  specifications.  The  relation  of  the.  engineer  and 
contractor.  Inspection,  contracting,  bidding,  organization  of  contract  work, 
etc.  McGraw-Hill  Boole  Co.  Inc.  New  York. 

Specifications  and  Contracts.  J.  A.  L.  Waddell  and  John  C.  Wait.  Dis- 
cussion of  contract  and  specification  writing.  Engineering  contracts  and 
contract  law.  McGraw-Hill  Book  Co.  Inc.  New  York. 

The  Principles  of  Specification  and  Agreement  Writing.  C.  R.  Young. 
Pamphlet  published  by  the  Canadian  Engineer.  Toronto,  Canada. 

Civil  Engineering  Specifications  and  Contracts.  R.  I.  D.  Ashbridge. 
American  Technical  Society.  Chicago. 

Engineering  Contracts.  Lecture  on  general  subject,  with  examples  by 
J.  A.  L.  Waddell  to  students  in  several  universities.  .Published  by  the  author. 

Unreasonable  Contract  Requirements  by  the  Government.  Discusses  lack 
of  explicitness  and  disadvantage  of  lump  sum  method  of  doing  work  for  the 
Charleston  dry  dock.  Gives  extracts  from  Specifications — Staff  article.  Eng. 
Rec.  Vol.  46,  pp.  265,  289,  313. 

Government  Contracts;  Legal  Pitfalls  and  How  to  Avoid  Them.  A  very 
complete  discussion  of  the  requirements  of  government  contracts  by  George 
A.  King  &  William  B.  King.  Eng.  Rec.  Vol.  52,  pp.  676,  713,  748,  Vol.  53, 
pp.  22,  48,  66,  100. 

Public  Construction  Contracts.  Report  to  American  Society  of  Engineer- 
ing Contractors,  by  William  B.  King.  Jour.  Am.  Soc.  Eng.  Contractors,  March 
1913,  Canadian  Eng.  Vol.  25,  p.  237. 

Legal  Suggestions  Respecting  Road  Contracts.  General  principles  and 
discussion  of  municipal  road  contracts,  by  W.  L.  Bowman.  Can.  Engr.  Vol. 
25,  p.  860. 

A  New  Form  of  Government  Contract.  Describes  changes  in  forms  of 
contracts  of  the  Supervising  Architect  U.  S.  Treasury  Dept,  by  Richard  D. 
Micou.  Eng.  News  Vol.  74,  p.  109. 

Governing  Clauses  in  Engineering  Contracts.  Discusses  some  clauses 
which  have  caused  hardships.  Staff  article.  Eng.  Rec.  Vol.  65,  p.  366. 

Some  General  Principles  Applicable  to  Public  Construction  Contracts, 
Statement  of  Principles  which  lead  to  fair  contracts.  Wm.  B.  King.  Eng. 
News,  Vol.  70,  p.  1017. 


276  General  Conditions  of  the  Contract 

Some  objectionable  Provisions  in  Government  Contracts.  Discusses  ad- 
vantages of  explicitness  and  fairness  by  Wm.  B.  King  before  American  So- 
ciety Engineering  Contractors.  Eng.  Rec.  Vol.  66,  p.  589. 

Standardizing  Public  Works  Contracts.  R.  W.  Crenzbaur.  Eng.  News, 
July  28,  1910.  Also  Eng.  Rec.  July  2,  1910. 

Standard  Contract  Forms  for  Engineering  Work.  Comparison  of  stand- 
ard contract  of  A.  I.  A.  with  current  engineering  practice.  Eng.  Rec.  Vol.  73, 
p.  695  and  699. 

GUARANTEES 

The  Abuse  of  Guarantees.  Discussion  of  fairness  and  in  guarantees. 
Editorial.  Eng.  Rec.  Vol.  61,  p.  771. 

Guarantees.  On  the  value  of  guarantee  on  a  pumping  unit.  Editorial. 
Eng.  Rec.  Vol.  53,  p.  665. 

Guarantees  of  »Performance.  Cites  two  instances  of  worthlessness  of 
guarantees.  Editorial.  Eng.  Rec.  Vol.  66,  p.  142. 

INSPECTION 

Instruction  to  Foreman.  Manual  of  rules.  J.  W.  Ferguson  Co.,  Pater- 
son,  N.  J.  Eng.  Rec.  Vol.  56,  p.  573. 

General  Instructions  to  Inspectors  of  Street  Paving.  Abstract  from  Bu- 
reau of  Highway,  Borough  of  Manhattan.  Eng.  News,  Vol.  69,  p.  1114. 

Instructions  for  Foreman  and  Contractors  on  State  Road  Construction  in 
Wisconsin.  Abstract  Bulletin  12 — Wis.  State  Highway  Commission.  Eng. 
News,  Vol.  70,  p.  291. 

Contractor,  Engineer  and  Inspector.  Value  of  spirit  of  fairness  and 
methods  of  promoting  harmony  by  F.  E.  Ellis.  Eng.  Rec.  Vol.  68,  p.  724. 

This  Lax  Inspection  Typical.  Discussion  of  inspection  of  lumber  in  Chi- 
cago. Eng.  Rec.  Vol.  72,  p.  682. 

Enforcement  of  Specifications.  Abstract  of  .Presidential  address  to  Am. 
Soc.  Test.  Mat.  June  1907,  Eng.  News,  Vol.  58,  p.  2. 

How  Can  Better  Building  Inspection  be  Secured?  Outline  of  plan  to 
prevent  lax  inspection.  Eng.  News,  Vol.  36,  p.  217. 

Co-operation  versus  Inspection  Tyranny  on  Contract  Work.  Desirability 
of  experienced  inspectors.  Editorial.  Eng.  Rec.  Vol.  71,  p.  447. 

DELAYS  AND  PENALTIES 

A  Decision  of  the  Court  of  Claims  on  Penalties,  by  Wm.  B.  King.  Eng. 
Rec.  Vol.  63,  p.  453. 

Time  Penalties  on  Government  Contracts.  Court  rulings  as  to  duties  of 
owner  and  contractor.  Editorial.  Eng.  Rec.  Vol.  57,  p.  587. 

Time  Penalty  Decision  by  U.  S.  Supreme  Court.  Court  ruled  the  penalty 
valid.  Eng.  Rec.  Vol.  55,  p.  633. 

Penalty  on  Liquidated  Damages.  Defines  differences  and  cites  cases. 
Eng.  Rec.  Vol.  60,  p.  152. 

Time  Penalties  on  Contracts.  Discusses  penalties  and  liquidated  dam- 
ages, by  George  A.  King.  Eng.  Rec.  Vol.  58,  p.  383. 

A  Court  Decision  as  to  the  Enforcement  of  the  Time  Penalty  in  Engineer- 
ing Contracts.  Editorial.  Eng.  News,  Vol.  65,  p.  602. 

Penalty  Clauses  in  Engine  Specifications.  Discussion  of  fairness  of  pen- 
alty clauses.  The  Engineer,  Vol.  38,  p.  287. 


Literature  277 

Governmental  Responsibility  for  Delays  on  Contracts.  Court  ruling  held 
government  liable  for  unreasonable  delay.  Editorial.  Eng.  Rec.  Vol.  68, 
p.  62. 

Waiver  of  Time  Limit  and  Responsibility  for  Extras.  Court  ruling  in 
claims  concerning  the  government,  by  Wm.  B.  King.  Eng.  Rec.  Vol.  67,  p.  48. 

Responsibility  for  Contracting  Delays.  Discusses  causes  and  effects  of 
delays.  Editorial.  Eng.  Rec.  Vol.  66,  p.  561. 

Delay  by  Reason  of  Changes.  Cites  court  decisions  regarding  responsi- 
bility for  delays  by  Geo.  A.  King.  Eng.  Rec.  Vol.  70,  p.  136. 

Deduction  of  Liquidated  Damages  for  Delay.  Decisions  by  U.  S.  Court 
of  Claims  on  this  question,  by  Wm.  B.  King.  Eng.  Rec.  Vol.  66,  p.  657. 

Penalties  and  Liquidated  Damages.  Cites  decisions  to  show  uncertainty 
of  law  on  subject,  by  Wm.  B.  King.  Eng.  Rec.  Vol.  69,  p.  368. 

EXTRA   WORK 

Payment  for  Contract  Extras.  Advantages  of  Complete  Specifications. 
Editorial.  Eng.  Rec.  Vol.  57,  p.  170. 

Compensation  Claim  for  Keeping  Coffer  Dam  Dry.  Cites  decision  of 
Comptroller,  U.  S.  Treasury  Dept.  against  Contractor,  by  Wm.  B.  King.  Eng. 
Rec.  Vol.  67,  p.  97. 

Comments  on  Two  Specifications  Clauses  Relating  to  Extra  Work.  Criti- 
cizes indefinite  clauses.  Editorial.  Eng.  News,  Vol.  54,  p.  42. 

A  Contractor's  Claim  for  Extra  Allowance.  States  and  discusses  claim. 
Editorial.  Eng.  News,  Vol.  71,  p.  924. 


CHAPTER  XV 
PREPARATION  OF  SPECIFICATIONS 

§  156.  Importance. — The  preparation  of  proper  specifications 
necessary  for  a  clear  understanding  of  the  nature  of  machinery,  sup- 
plies, or  material  to  be  furnished  or  work  to  be  done  under  a  contract, 
is  as  essential  for  such  work  as  the  plans  for  the  same.  Each  is  ex- 
planatory of  the  other,  each  often  incomplete  without  the  other,  and 
unless  each  is  carefully  and  properly  prepared,  many  disputes  and  mis- 
understandings are  apt  to  arise,  frequently  resulting  in  expensive  liti- 
gation. 

From  such  specifications,  bidders  not  only  get  their  information  of 
the  nature  and  amount  of  the  work  they  will  be  called  upon  to  do  if 
this  bid  is  accepted,  but  they  may  also  form  some  idea  of  the  fairness 
of  the  parties  who  have  prepared  the  plans  and  specifications,  and  of 
the  treatment  they  are  liable  to  receive  during  the  progress  of  the 
work.  In  many  cases  these  papers  are  the  only  introduction  of  the 
bidder  to  the  work  and  to  the  men  with  whom  he  is  invited  to  do  busi- 
ness. It  is  self-evident  therefore  th?t  in  the  preparation  of  such 
specifications,  absolute  clearness  of  details  and  fairness  of  intent  are 
essential  to  secure  satisfactory  proposals  and  proper  work. 

Any  specification  that  is  indefinite,  indeterminate,  ambiguous  or 
useless  will  involve  uncertainties  and  result  in  the  addition  of  certain 
sums  by  the  bidder  for  self-protection  which  sums  will  invariably  be 
far  in  excess  of  the  actual  cost  which  would  result  from  a  definite 
and  exact  requirement.  Any  specifications,  therefore,  which  are  arbi- 
trary, unfair  or  unnecessarily  severe,  give  a  bad  impression  of  the  engi- 
neer, attorney  and  principals  and  usually  involve  either  a  refusal  to 
bid  on  the  work  or  additions  to  the  price  bid  to  offset  the  unwarranted 
treatment  to  be  expected  under  such  specifications. 

A  specification  is  not  the  place  to  show  the  extent  of  the  engineer's 
knowledge,  but  it  is  the  place  to  show  how  clearly  and  exactly  he  can 
describe  the  essential  and  practicable  limits  of  the  qualities  of  work 
and  material  needed  for  the  end  in  view,  how  well  he  can  protect  his 
client  by  definite  and  proper  requirements,  and  how  fair  and  just  he 
will  be  in  his  treatment  of  contractors. 

§  157.  Use  of  English. — In  the  writing  of  specifications,  all  that 
has  been  said  about  the  use  of  English  applies  with  special  force.  The 


Importance  of  Specifications  279 

language  used  should  be  clear,  accurate,  and  exact.  The  technical 
terms  or  vernacular  common  to  the  trade  to  which  the  specifications 
apply,  may  be  used,  but  they  must  be  understood  and  used  correctly. 
When  used  they  must  be  defined  or  be  used  in  the  sense  which  they 
have  acquired  through  common  or  local  usage,  the  basis  on  which 
they  will  be  legally  interpreted. 

In  the  writing  of  contracts  and  specifications  everything^  should, 
if  necessary,  be  sacrificed  to  clearness.  In  reports  and  papers,  for  the 
sake  of  euphony,  it  is  frequently  desirable  to  substitute  other  words 
more  or  less  synonymous  in  order  to  avoid  repetition.  In  contracts 
this  should  be  avoided ;  .words  are  almost  never  exactly  synonymous, 
and  in  contracts  and  specifications  the  word  having  the  exact  meaning 
should  be  used  as  frequently  as  necessary.  In  such  papers,  it  is  also 
desirable  to  express  the  idea  to  be  conveyed  in  the  clearest  possible 
way,  and  repetition  of  the  same  idea  in  different  words,  if  it  adds  to 
clearness,  is  not  regarded  as  tautology.  Care  must  be  taken  however 
to  see  that  repetition  does  not  obscure  rather  than  clear  up  the  idea  to 
be  conveyed.  The  language  must  not  have  a  double  meaning,  and 
where  a  subject  is  described  in  general  and  also  in  particular,  care  must 
be  exercised  to  see  that  the  ideas  duplicated  are  identical. 

In  the  Bronx  Valley  sewer  contract,  involving  $2,000,000,  the  engi- 
neer described  concrete  to  be  used  as  a  1:2  -.4  mixture.  He  then  spe- 
cified that  a  "batch"  of  concrete  should  consist  of  one  barrel  of  cement 
(3.85  ctt.  ft.),  two  barrels  of  loose  sand  (6.50  cu.  ft.),  and  four  barrels 
of  stone  (13  cu.  ft.).  The  contractor  under  the  last  description  was 
required  to  mix  the  concrete  in  the  ratio  of  i :  1.69 13. 38,  on  the  basis 
of  the  volume  used,  or  even  richer  on  the  basis  of  the  volume  of  loose 
cement.  An  action  was  brought  for  $36,000  on  account  of  the  excess 
cement  required.1 

In  ordinary  conversation  and  in  most  writings,  the  words  used 
have  a  sufficiently  clear  meaning  to  convey  our  ideas  for  general  pur- 
poses, for  often  no  great  degree  of  accuracy  is  necessary.  In  the 
writing  of  specifications,  however,  these  same  words  are  found  to  be 
indefinite,  and  must  be  defined  and  qualified  to  bring  out  the  limited 
meaning  in  which  they  are  or  should  be  used.  The  young  engineer 
is  apt  to  assume  that  the  words  he  uses  have  a  single  and  definite 
meaning  and  is  greatly  surprised  to  find  the'  language  he  has  used 
and  which  conveyed  to  his  mind  a  very  definite  idea,  is  susceptible  of 
numerous  other  interpretations. 


See  the  Engineering  Contractor,  Vol.  2,  p.  83. 


280  Preparation  of  Specifications 

In  practice,  the  meaning  of  every  term  or  expression  should  be 
analyzed,  and  whether  or  not  it  may  have  other  than  the  meaning 
which  it  is  intended  to  convey,  determined.  Not  only  is  this  analysis 
necessary,  but  it  is  also  desirable  to  consider  whether  under  the  con- 
tingencies of  construction,  where  perhaps  unforeseen  conditions  arise, 
the  terms  may  not  have  still  other  meanings,  or  perhaps  prove  quite 
inexact  and  indefinite. 

For  example :  The  word  "day"  may  mean  the  calendar  day  ot 
24  hours ;  the  working  day,  omitting  Sundays  and  holidays ;  the  work- 
ing day  of  ten  hours;  or  the  shift  of  twelve  or  eight  hours.  The 
term  "ton"  may  mean  the  long  ton  of  2,240  pounds  or  the  short  ton 
of  2,000  pounds.  The  term  "cord,"  commonly  meaning  128  cubic 
feet,  may,  by  local  usage,  mean  100  cubic  feet.  The  term  "perch"  as 
applied  to  the  measurement  of  stone  work  varies  radically  by  local 
usage  from  place  to  place. 

§  158.  Clearness. — Clearness  in  all  details,  both  in  plans  and 
specifications,  is  a  protection  both  to  the  owner  and  to  the  con- 
tractor, as  in  one  case  the  contractor  is  unable  to  do  improper  work 
or  avoid  the  execution  of  essential  features,  and  on  the  other  hand  he 
is  enabled  to  understand  exactly  what  is  desired  by  the  engineer,  and 
can  regulate  his  bid  in  accordance  therewith,  without  the  addition  of 
a  percentage  to  cover  uncertain  work  which  he  may  be  obliged  to  do 
but  which  is  not  clearly  specified.  Nothing  is  gained  to  the  party 
letting  the  work  by  uncertainty  in  the  understanding  of  what  is  de- 
sired, for  if  such  uncertainty  exists  a  careful  contractor  will  add  a 
percentage  to  cover  such  contingencies,  while  an  unscrupulous  con- 
tractor" will  take  advantage  of  such  uncertainties  to  secure  the  con- 
tract and  depend  for  his  profit  on  his  ability  to  avoid  the  execution 
of  such  portions  of  the  work. 

Specifications  not  only  describe  the  character  of  the  work  but 
also  serve  as  the  instructions  to  superintendents  and  inspectors  as,  to 
what  requirements  they  are  bound  to  enforce.  It  is  therefore  de- 
sirable that  the  specifications  should  be  susceptible  of  a  literal  interpre- 
tation not  only  for  a  clear  understanding  between  the  two  parties  to 
the  contract  but  also  that  the  inspectors  or  superintendents  in  charge 
of  the  work  shall  know  what  requirements  to  impose. 

Where  much  is  left  to  the  engineer's  judgment,  or  where  unnec- 
essary or  practically  impossible  specifications  are  imposed  (which  is 
always  undesirable  and  inexcusable)  friction  may  perhaps  be  avoided 
if  the  engineer  is  experienced  and  is  continually  at  hand  to  give  his  in- 
terpretation of  obscure  clauses,  or  his  permission  to  disregard  inexped- 


Clearness  281 

ient  requirements.  An  inspector  has  no  such  prerogative,  unless  the 
same  has  been  especially  delegated  by  his  superior  and  must  usually 
insist  (unless  fully  instructed  by  the  engineer,  which  should  always  be, 
but  seldom  is,  the  case)  on  the  fulfillment  of  the  letter  of  the  contract. 
When  the  inspector  does  insist  on  carrying  out  an  irrational  specifica- 
tion, and  an  appeal  is  taken  to  the  engineer,  if  experienced,  he  must 
decide  in  favor  of  a  reasonable  interpretation  of  the  specifications  which 
he  has  prepared.  In  so  doing,  the  engineer  must  reverse  the  decision 
of  the  inspector,  to  his  great  embarrassment,  and  to  the  injury  of  his 
confidence  in  his  instructions  (the  specification),  and  of  his  future  use- 
fulness. Clearness  and  exact  language  in  sufficient  detail  to  meet  all 
reasonable  contingencies  and  suitable  for  literal  interpretation,  will 
not  only  prevent  disputes  but  will  add  to  the  efficiency  and  effective- 
ness of  supervision  and  inspection. 

In  order  that  a  specification  shall  be  clear  and  definite,  its  para- 
graphs and  clauses  should  be  arranged,  so  far  as  practicable,  in  logical 
order.  Each  element  should  b?  discussed  completely  and  in  detail  in  a 
single  paragraph  or  sentence  devoted  solely  to  that  single  feature,  and 
when  fully  covered  should  not  again  be  mentioned  unless  necessary  for 
defining  its  relation  to  other  features.  More  than  one  element  should 
seldom  be  described  in  a  single  paragraph,  as  such  reference  tends  to- 
ward obscurity. 

An  extreme  case  of  obscurity  is  illustrated  by  the  following  ex- 
ample :2 

"All  timber  standing  where  levee  is  to  be  constructed  may  be  held  by 
the  contractor  as  his  own,  and  he  will  be  allowed  an  excess  of  25%  price 
per  cubic  yard  for  filling  said  muck  ditch  as  in  the  levee  embankment;  also 
the  contractor  will  be  required  to  add  10%  to  the  height  of  levee  above 
grade  line  to  allow  for  settling  of  same." 

Here  are  apparently  three  distinct  subjects  treated  in  a  single 
sentence,  and  so  treated- as  to  leave  the  reader  somewhat  in  doubt  as 
to  the  idea  intended  to  be  conveyed  by  their  author.  Each  of  these 
subjects  not  only  would  have  been  more  clearly  covered  by  a  dis- 
tinct sentence,  but  should  have  had  a  paragraph  devoted  to  its  specific 
purpose. 

§  159.  Brevity. — While  it  is  important  that  every  element  of  the 
contract  shall  be  clearly,  completely  and  exactly  described,  it  is  also 
important  and  essential  for  clearness  that  such  description  shall  be  as 
brief  as  is  consistent  with  a  complete  and  exact  description. 

2  See  Eng.  News  Sup.  Dec.  31,  1903,  p.  381. 


282  Preparation  of  Specifications 

A  specification  is  not  a  treatise  on  the  subject  under  considera- 
tion, and  should  not  be  used  to  impress  the  client  or  contractor  with 
the  profundity  of  the  engineer's  knowledge  of  the  subject.  Only  those 
characteristics  or  features  should  be  specified  which  are  essential  in 
order  to  secure  the  results  desired.  Any  paragraph,  sentence,  or  word 
which  can  be  omitted  without  material  effect  on  the  complete  under- 
standing of  the  subject  should  be  omitted. 

The  introduction  of  clauses  in  the  specification  which  specify  noth- 
ing except  perhaps  the  uncertainty  of  the  engineer's  knowledge  of  the 
material  or  labor  to  be  done  are  exceedingly  undesirable  and  should 
be  carefully  avoided.  For  example,  in  many  specifications  for  the 
foundations  for  brick  pavements  which  were  formerly  in  vogue  in  the 
Upper  Mississippi  Valley  in  which  the  foundation  consisted  of  broken 
stone,  filled  with  sand  and  properly  rolled,  this  specification  was  com- 
monly inserted : 

"The  sand  shall  be  rolled,  with  constant  light  watering  to  avoid  lick- 
ing up." 

What  was  meant  by  the  latter  portion  of  this  clause  has  always 
remained  a  mystery.  Possibly  its  originator  had  an  idea  which  he 
thus  defectively  expressed ;  others,  evidently  not  knowing  what  it 
meant,  adopted  the  clause  for  fear  they  would  otherwise  prepare  a  de- 
fective specification. 

Again,  a  clause  relating  to  the  concrete  mixer  provided  "Mixer 
must  be  of  a  size  proportionate  to  the  size  of  the  batch  mixed,"  and  in 
the  same  specification  in  relation  to  forms : 

"The  contractor  may  adopt  any  suitable  system  of  moulds  for  the  con- 
crete in  place,  provided  the  same  be  approved  by  the  engineer.  The  moulds 
may  be  fixed  or  movable,  but  must  be  rigid  when  in  place  so  as  to  form  a 
concrete  accurately."  2 

Neither  of  these  clauses  has  any  apparent  meaning,  or  at  least  no 
meaning  which  would  not  be  covered  by  a  specification  for  "a  good 
and  workmanlike  job." 

§  1 60.  Indefinite  Specifications. — Carelessness  and  ignorance  of 
the  detailed  requirements,  which  should  be  included,  often  lead  to  in- 
definite specifications.  Such  specifications  are  also  sometimes  inserted 
with  dishonest  or  vicious  intent.  There  is  often  a  temptation  to  write 
such  specifications  rather  than  to  take  the  trouble  to  consider  and  to 
determine  the  necessary  requirements,  at  the  time  the  specifications 


Eng.  News  Sup.,  Vol.  51,  p.  257. 


Indefinite  Specifications  283 

are  being  prepared.  As  it  is  usually  provided  that  the  engineer  shall 
interpret  or  explain  any  causes  not  clearly  stated,  there  remains  an 
opportunity  for  the  engineer  to  decide  the  matter  later,  and  this  also 
involves  an  uncertainty  and  a  chance  for  a  considerable  variation  in 
expense.  Such  uncertainties  may  be  and  sometimes  are  used  for  the 
purpose  of  dishonest  favoritism.  Such  uncertainties  are  manifestly 
unsatisfactory  and  unfair,  not  only  to  the  contractor  but  to  the  client 
of  the  engineer  as  well,  for  they  almost  always  add  unnecessary  ex- 
pense. It  is  only  through  ignorance,  carelessness  or  dishonesty  that 
specifications  are  left  so  indefinite  that  the  contractor  can  not  know 
exactly  what  is  expected  and  required,  or  those  which  are  unnecessary 
or  undesirable  are  included. 

For  dishonest  purposes,  specifications  are  sometimes  drawn  so  in- 
definite that  no  bidder  can  determine  what  is  required,  unless  he  has 
inside  information,  and  so  many  matters  may  be  left  to  the  decision 
of  the  engineer  that  no  contractor,  unless  he  knows  he  will  be  unduly 
favored,  dare  bind  himself  to  the  uncertainties  involved.  For  exam- 
ple, in  the  specifications  for  a  proposed  power  house  for  a  state  insti- 
tution,4 the  following  stipulations  were  embodied : 

Under  the  heading  "Violation  of  Contract,"  the  architect  was 
given  authority  to  notify  the  contractor  in  writing  and  within  24  hours 
after  the  serving  of  the  notice,  the  contractor  should  cease  work ;  the 
architect  was  then  to  have  full  authority  to  immediately  purchase  any- 
thing required  and  take  possession  of  all  the  materials  on  the  ground 
or  built  into  the  work,  and  the  contractor  or  bondsman  was  to  meet 
all  bills.  While  such  provisions  are  both  illegal  and  absurd,  no  con- 
tractor would  sign  a  contract  containing  such  a  clause  without  realiz- 
ing that  a  law  suit  might  be  necessary  in  order  to  maintain  his  rights. 

In  another  clause  relating  to  changes,  it  was  specified  that  in  case 
any  work  was  not  in  accordance  with  the  specifications,  the  architect 
would  be  empowered  to  accept  such  work  or  material  and  make  such 
a  reduction  in  the  contract  price  as  he  may  determine,  which  reduc- 
tion was  to  be  "final,  conclusive  and  without  appeal,"  another  absurd 
and  illegal  requirement  involving,  however,  the  possibilities  of 
favoritism  or  a  suit  at  law. 

In  relation  to  extra  work,  the  following  unique  and  unfair  pro- 
vision was  specified :  "The  contractor  hereby  agrees  to  furnish  such 
materials  and  to  perform  such  labor  as  extra  work  and  agrees  to  ac- 
cept in  full  payment  thereof  a  price  which  shall  be  fixed  by  the  archi- 

*  See  Eng.  News,  Vol.  54,  p.  602. 


284  Preparation  of  Specifications 

tect  and  the  board  of  trustees  previous  to  its  commencement."  It  is 
quite  evident  that  such  a  power  might  work  great  hardships  and  per- 
haps financial  ruin  to  an  unfavored  contractor,  while  a  favored  con- 
tractor would  profit  unduly. 

Numerous  other  similar  arbitrary  and  uncertain  provisions  were 
included,  all  of  which  either  indicated  carelessness,  ignorance  and  un- 
fairness or  a  desire  to  shut  out  competition,  and  to  limit  the  bidding 
to  some  favored  parties. 

The  writing  of  a  definite  specification,  however,  is  not  as  easy  as 
may  be  assumed.  A  specification  which  may  seem  entirely  definite 
may  prove  indefinite  through  the  various  conditions  under  which  it 
may  be  exercised.  For  example  : 

Engineering  News,  commenting  on  indefinite  specifications,  calls 
attention  to  the  following:  "Specifications  (for  concrete)  for  the 
most  part  read  somewhat  as  follows : 

'Concrete  shall  be  made  of  one  part  by  volume  of  Portland  cement,  2% 
parts  by  volume  of  sand,  and  5  parts  by  volume  of  broken  stone.' 

"A  specification  worded  like  this  often  becomes  a  fruitful  source 
of  controversy,  for  there  is  a  great  difference  in  the  volume  of  cement 
depending  upon  whether  it  is  packed  in  a  barrel,  shaken  down  in  a 
measuring  box,  or  merely  cast  loosely  into  such  a  box.  It  is  a  ques- 
tion for  the  engineer  to  decide  whether  loose  or  packed  measurement 
will  be  required,  but  having  decided  he  should  be  explicit  in  writing 
the  specification.  The  following  is  a  good  example  of  clearness : 

'In  preparing  mortar  and  concrete,  the  cement,  sand  and  stone  will  be 
mixed  in  the  proportion  by  volume  hereinafter  specified.  The  cement  shall 
be  measured  when  compacted  so  that  380  Ibs.  of  dry  Portland  cement  have 
a  volume  of  3.6  cu.  ft.  The  sand  and  stone  shall  be  measured  when  not 
packed  more  closely  than  by  throwing  it  in  the  usual  way  into  a  barrel  or 
box/"  (See  Eng.  News  Sup.,  Vol.  50,  p.  269.) 

§  161.  Indeterminate  Specifications. — When  the  amount  of  ma- 
terial or  work  to  be  done  under  a  contract  is  expected  to  be  small,  it  is 
customary  with  some  engineers  to  cover  the  same  with  only  a  brief  clause 
in  which  the  work  done  and  material  furnished  are  to  be  "as  the  engi- 
neer shall  direct."  This  practice  is  less  objectionable  when  only  a 
limited  quantity  of  such  work  or  material  is  to  be  furnished,  but  as  in 
most  cases  there  is  an  uncertainty  as  to  the  amount,  the  practice  seems 
entirely  inexcusable. 

It  may  be  regarded  as  proper  to  give  no  great  amount  of  space  to 
the  specifications  for  a  certain  class  of  material  or  work  where  only  a 


Indeterminate  Specifications  285 

small  quantity  is  to  be  used,  but  while  brief,  the  requirement  should  be 
clear  and  exact.  If  the  work  is  worth  doing,  the  contractor  has  a 
right  to  know  the  exact  requirements  before  he  bids  for  the  same,  and 
should  not  be  held  subject  to  the  uncertain  requirements  of  an  engi- 
neer, possibly  unknown  and  inexperienced.  The  following  are  exam- 
ples of  such  objectionable  practice : 

"First  class  compound  arch  masonry  will  be  laid  in  mortar.  The  thick- 
ness of  the  arch,  the  length  and  thickness  of  the  stone  forming  the  arch, 
will  be  such  as  the  engineer  shall  prescribe." 

Also, 

"Concrete  is  to  be  made  of  such  material  and  in  such  proportions  as 
to  material  and  in  such  manner  as  the  engineer  shall  direct."  s 

Even  when  an  attempt  is  made  to  draw  briefly  such  specifica- 
tions, it  sometimes  occurs  that  the  engineer  may,  in  his  haste,  specify 
the  material  of  a  greatly  superior  quality  to  that  which  is  actually 
needed  in  the  work.  This  may  prove  .serious  if  through  an  unex- 
pected increase  the  quantity  required  is  actually  large.  For  example, 
in  a  specification  for  sewers  in  which  only  a  limited  quantity  of  tim- 
ber would  probably  be  needed  for  the  foundation  work,  it  was  speci- 
fied: 

"Such  lumber  as  is  required  shall  be  of  a  suitable  character  for  the  pur- 
pose intended,  of  straight  grain  and  free  from  all  defects." 

The  first  part  of  this  specification  might  have  an  entirely  different 
meaning  from  the  last  portion  tof  the  same,  for  in  few  cases  would 
timber  "of  straight  grain  and  free  from  all  defects"  be  needed.  A 
cautious  contractor,  under  such  a  specification,  would  bid  a  price  which 
would  assure  him  a  reasonable  profit  under  any  conditions,  while  a 
careless  contractor,  relying  on  the  first  clause  of  the  specification, 
might  sustain  a  serious  loss  if  a  large  amount  of  such  material  were 
used. 

§  162.  Ambiguous  Specifications. — Unnecessary  or  unreason- 
able requirements  are  always  ambiguous  and  are  uncertain  as  to  what  is 
actually  desired,  and  what  will  actually  be  required  by  the  engineer. 
Under  such  conditions,  responsible  contractors  will  add  materially  to  the 
price  for  the  work  done  under  such  specifications.  Not  only  does  this 
unnecessarily  increase  the  cost  of  the  work,  but  such  specifications  also 
brand  their  maker  as  ignorant  of  the  practical  requirements  of  the 
work,  and  are  a  notice  to  unscrupulous  parties  .that  the  writer  of  the 
specifications  is  one  who  may  perhaps  be  manipulated  or  bluffed  into 
reasonable  requirements,  or  even  to  extremes  in  the  other  direction. 
It  is  only  too  easy  to  prepare  in  the  office  specifications  which  are  im- 


Eng.  News  Sup.,  Vol.  51,  p.  258, 


286  Ambiguous  Specifications 

possible  to  carry  out  in  the  field,  or  which,  if  carried  out,  will  prove 
undesirable  or  expensive. 

Specifications  that  cannot  be  reasonably  enforced  except  under 
particular  and  peculiar  circumstances,  should  be  eliminated  for  where 
they  are  included  they  practically  must  be  ignored  except  where  an 
absolute  necessity  for  their  enforcement  arises.  This  calls  for  an  arbi- 
trary decision  by  the  engineer  which  a  subordinate  can  seldom  be  per- 
mitted to  exercise,  and  in  the  exercise  of  which  by  the  chief  he  is  left 
open  to  criticism.  For  example,  in  the  specifications  for  concrete,  the 
following  clause  has  frequently  been  inserted : 

"Concrete  shall  not  be  dropped  into  place  through  a  greater  distance 
than  one  foot."  c 

A  specification  of  this  sort  is  usually  wholly  impracticable  and 
should  be  required  only  where  some  injury,  possibly  by  separation  of 
material  or  injury  to  new  work,  might  make  such  an  unusual  precaution 
absolutely  necessary. 

Such  a  specification,  therefore,  should  not  be  applied  to  the  entire 
work,  but  only  to  the  conditions  in  which  such  requirements  are  neces- 
sary, and  it  would  seem  desirable  to  introduce  a  longer  specifi- 
cation in  which  the  methods  of  depositing  the  concrete  under  various 
conditions  should  be  restricted  as  far  as  necessity  seems  to  demand. 
These  extremes  should  be  avoided  by  the  engineer.  He  should  specify 
only  such  requirements  as  are  necessary  for  the  completion  of  the  work 
in  the  manner  desired. 

§  163.  Arbitrary  Specifications. — While  it  is  necessary  for  the 
engineer  to  be  able  to  exercise  such  control  over  the  work  as  will  enable 
him  to  secure  its  proper  performance  and  comp1etion,  it  is  unwise  and 
unsafe  for  him  to  endeavor  to  exercise  unneccessary  and  abitrary  con- 
trol over  any  part  of  the  work.  If  the  contractor  is  to  be  held  responsi- 
ble for  the  work,  or  for  the  results  obtained,  or  as  to  time  of  comple- 
tion, safety  to  the  public,  etc.,  he  must  not  be  relieved  of  responsibility 
through  arbitrary  specifications,  by  means  of  which  the  prerogatives  of 
management  may  be  usurped  by  the  engineer. 

An  extreme  case  of  such  usurpation  is  shown  by  the  following 
extract  from  a  sewer  specification : 

"The  contractor  must  employ  a  competent  mechanic,  selected  by  the 
engineer,  who  understands  and  speaks  English,  and  not  a  common  laborer, 
to  make  the  joints  of  the  pipe  sewer."  ~ 


G  Eng.  News  Sup.,  Vol.  51,  p.  257. 
7  Eng.  News  Sup.,  Vol.  51,  p.  149, 


Arbitrary  Specifications  287 

A  common  but  extremely  arbitrary  requirement  which  may  be  ex- 
ercised to  a  contractor's  serious  disadvantage,  and  is  therefore  unde- 
s'rable,  is  as  follows  : 

"The  contractor  shall  commence  and  prosecute  work  at  such  points,  at 
such  times  and  with  such  forces  as  the  engineer  may  direct."  « 

Such  a  specification  is  seldom  necessary  or  desirable.  The  inser- 
tion of  a  time  limit  clause  and  of  such  requirements  as  to  when  and 
where  the  work  is  to  be  begun  and  prosecuted  as  may  be  necessary, 
will  relieve  all  doubt,  and  render  impossible  arbitrary  persecution  dur- 
ing construction. 

Too  great  and  arbitrary  authority  by  the  engineer  may  result  in 
his  assuming  for  his  client  responsibilities  which  should  be  placed  on 
the  contractor.  For  example: 

"Before  blasting,  the  contractor  must  procure  a  written  order  from  the 
engineer.  Blasts  shall  be  covered  with  timbers  heavily  chained  together. 
Caps  or  other  exploders  shall  in  no  case  be  kept  in  the  same  place  in  which 
dynamite  or  other  explosives  are  stored;  and,  in  general,  the  precaution 
against  accidents  from  blasting  shall  be  entirely  satisfactory  to  the  engineer. 
The  contractor  shall  be  liable  for  all  damages  to  persons  or  property  caused 
by  blasts  or  explosives."  o 

If  under  this  clause,  the  engineer  is  called  upon  to  specify  the 
precautions  to  be  taken  and  should  an  accident  occur  in  spite  of  the 
precautions  taken,  the  contractor  may  reasonably  claim  that  he  had 
acted  as  servant  of  the  engineer's  client  and  not  as  an  independent 
contractor,  and  is  therefore  blameless. 

§  164.  Unfair  Specifications. — Occasionally  in  specifications  it 
would  seem  the  purpose  of  their  writer  is  not  only  to  protect  his  client 
in  every  legal  way  but  also  to  hamper  the  contractor  by  unfair  and  un- 
called for  restrictions.  Such  restrictions  can  result  only  in  unneces- 
sary expense  as  they  must  of  necessity  limit  competition,  make  the 
contracting  parties  doubtful  of  the  good  faith  of  the  party  preparing 
the  specifications,  and  suspicious  of  the  treatment  which  he  will  ac- 
tually receive  should  he  be  awarded  the  contract  for  the  work.  Such 
clauses  should  be  eliminated  entirely  as  they  have  no  place  in  the  con- 
tract. It  is,  and  should  be,  the  purpose  of  every  attorney  or  engineer 
who  may  be  preparing  a  contract  to  see  that  his  client  is  entirely  and 
fully  protected,  but  anything  beyond  this  can  give  only  unsatisfactory 
results. 

It  is  usually  desirable  when  letting  a  contract  which  is  finally 
placed  in  the  hands  of  a  responsive  party  to  prohibit  the  assigning  of 


Eng.  News,  Vol.  51,  p.  149. 
Eng.  News,  Vol.  51,  p.  65. 


288  Preparation  of  Specifications 

the  contract  to  other  parties  who  may  not  be  fully  satisfactory.  The 
restrictions,  however,  should  not  be  so  made  as  to  prevent  the  con- 
tractor from  being  able  properly  to  finance  his  work  by  allowing  its 
use  as  security  for  money  borrowed  for  its  execution.  The  following 
clause  is  an  extreme  case  of  this  kind.  The  clauses  written  are  en- 
tirely unfair,  uncalled  for,  and  may  be  used  as  a  club  for  the  purpose 

"It  is  mutually  understood  and  agreed  that  if  the  contractor  shall  as 
sign  or  transfer  either  absolute  or  conditionally  by  order  or  otherwise,  the 
compensation  or  any  part  thereof  to  which  he  may  become  entitled  under 
the  contract  before  such  compensation  is  actually  earned,  the  city  may,  for 
that  reason,  cancel  the  contract  and  retain  all  compensation  at  the  time  of 
such  assignment  or  transfer  due  or  owing  to  the  contract;  or  the  city  may, 
at  its  option,  recognize  any  such  assignment  and  transfer  as  valid.  The 
option  of  the  city  in  that  regard  shall  be  exercised  by  the  commission  of 
public  works,  and  the  recognition  of  any  assignment  or  transfer  as  valid 
shall  not  preclude  the  city  from  cancelling  the  contract  on  account  of  any 
other  or  subsequent  assignment  or  transfer.  The  contractor  agrees  not  to 
so  assign  or  transfer  his  compensation,  or  any  part  thereof. 

"And  it  is  also  mutually  understood  and  agreed  that  the  city  may,  at 
its  option,  declare  the  contract  in  default  and  cancel  this  contract,  in  case 
proceedings  in  bankruptcy  are  instituted  by  or  against  the  contractor  (or 
either  of  them,  if  there  is  more  than  one),  or  in  case  proceedings  supple- 
mentary to  execution  are  instituted  against  the  contractor  (or  either  of 
them,  if  there  is  more  than  one) ;  and  if  the  city  shall  so  cancel  the  con- 
tract, it  may  complete  the  work  or  improvement  as  herein  elsewhere  pro- 
vided. Such  option  shall  be  exercised  by  the  commissioner  of  pubMc 
works."  10 

It  is  always  desirable,  when  possible,  to  determine  in  advance  the 
character  of  all  work  required,  and  to  describe  it  so  clearly  that  an  in- 
telligent bid  for  the  same  may  be  made  by  the  contractor. 

In  underground  and  subaqueous  work  it  is  sometimes  impossible 
to  determine  in  advance  just  what  character  of  work  will  be  necessary 
to  secure  the  desired  results.  When  such  is  the  condition,  any  work 
which  may  be  required  to  bring  about  the  desired  results  should  be 
regarded  as  extra  work,  and  paid  for  as  such.  Any  attempt  to  force 
the  contractor  to  perform  such  work  at  his  own  cost  and  expense  is 
not  only  unfair,  but  will  usually  result  in  high  bids  and  unnecessary 
expense.  An  example  of  an  unfair  specification  of  this  class  is  as  fol- 
lows: 

"Whenever  the  bottom  of  the  trench  is  not  sound,  the  contractor  must 
furnish  and  put  in  place,  without  expense,  good  or  suitable  material;  and 
when  it  is  considered  necessary  by  the  engineer,  the  contractor  shall  lay  a 
foundation  of  timber,  without  extra  expense/'^ 


if>Eng.  News  Sup.,  Vol.  52,  p.  152. 
ti  Eng.  News  Sup.,  Vol.  50,  p.  305. 


Unfair  Specifications  289 

The  intelligent  contractor  will,  of  course,  add  a  sufficient  amount 
to  cover  fully  the  probable  cost  of  any  work  which  might  be  required 
under  such  a  specification  as  the  above,  and  the  engineer's  client  will 
pay  more  than  the  fair  cost  of  such  work.  To  ask  a  contractor  to 
assume  all  risk  of  conditions  and  then  to  assume  the  risk  of  what  an 
obviously  unfair  engineer  may  think  necessary  to  provide  for  such  un 
foreseen  conditions  is,  to  say  the  least,  unwarranted. 

In  specifications  for  work  which  is  covered  from  sight,  not  easily 
reinspected,  and  not  open  at  all  times  to  ready  examination,  it  is  de- 
sirable to  provide  that  the  engineer  may  if  he  desires  uncover  and 
open  up  for  his  personal  examination  any  work  supposed  to  be  com- 
plete. In  such  case  it  is  usually  provided  that  if  the  work  is  found  to 
have  been  constructed  in  accordance  with  the  plans  and  specifications, 
the  cost  of  such  examination  and  of  any  necessary  repairs  shall  be  at 
the  expense  of  the  engineer's  client ;  but  if  the  work  is  found  faulty  in 
any  particular,  it  shall  be  replaced  and  repaired  at  the  expense  of  the 
contractor. 

Such  a  clause,  permitting  re-examination  at  any  time,  discour- 
ages any  attempt  at  introducing  poor  work  or  material  either  in  the 
absence  of  the  inspector  or  by  collusion,  and  is  fair  and  just  for  it  in- 
volves no  expense  to  the  honest  contractor,  while  it  means  the  possi- 
bility of  an  expense  to  the  dishonest  contractor  greater  than  any  pos- 
sible saving  through  defective  work.  An  unfair  clause  of  this  general 
character  which  would  undoubtedly  cause  an  unnecessary  increase  in 
the  cost  of  work  on  account  of  the  uncertainties  involved,  is  as  follows : 
"The  engineer  must  be  permitted  to  remove  such  portions  of  the  work 
as  he  may  from  time  to  time  think  necessary,  for  the  discovery  of  improper 
material  or  workmanship,  and  the  contractor  shall  restore  such  work  at  his 
own  expense."  12 

It  is  evident  that  with  such  a  clause  an  engineer  may  greatly  an- 
noy a  contractor  and  add  materially  to  the  expense  of  construction. 
Such  a  clause  is  not  only  unfair,  but  savors  of  dishonesty  as  by  waiv- 
ing such  examination  for  a  favored  contractor,  the  cost  of  construc- 
tion might  be  greatly  reduced. 

§  165.  Unnecessary  Severity. — In  drawing  specifications  for  a 
material  only  the  average  requirements  which  characterize  a  good  ma- 
terial of  the  class  desired  should  usually  be  embodied.  It  is  undesir- 
able to  make  the  limiting  requirements  too  severe,  unusual  or  extrava- 
gant, as  such  requirements  may  add  materially  to  the  expense,  pre- 
vent intelligent  bids  by  driving  responsible  contractors  from  the  field, 

.  News.  Sup.,  Vol.  50,  p.  365. 


290  Preparation  of  Specifications 

prevent  the  execution  of  the  work,  or  involve  a  confession  of  error 
and  have  to  be  modified  to  the  embarrassment  of  their  writer.  Too 
often  the  minimum  limits  of  a  specified  test  are  fixed  at  or  near  the 
maximum  that  has  been  secured  from  tests  of  the  best  of  similar  ma- 
terial. Frequently  the  results  specified  are  impossible  to  obtain  on  the 
average,  especially  when  a  material  is  new  on  the  market.  Such 
severe  requirements  are  usually  in  error  and  are  seldom  if  ever  neces- 
sary. The  requirements  for  a  good  average  material  are  more  readily 
enforcible,  and  any  additional  safety  required  should,  if  possible,  be 
secured  by  improvement  in  design. 

In  the  early  days  of  brick  paving,  when  the  number  of  paving 
brick  factories  was  still  small,  a  test  of  paving  brick  from  one  of  the 
smaller  factories  showed  that  the  best  class  of  material  would  not  ab- 
sorb more  than  iy2  per  cent  of  water.  Based  on  these  tests,  it  was 
suggested  that  specifications  for  this  material  should  place  this  limit 
as  the  requirement  for  brick  for  paving.  At  the  particular  time  in 
question,  the  factory  mentioned  could  not  have  supplied  more  than  one- 
half  million  brick  per  year,  and  few  if  any  other  factories  were,  at  that 
time,  turning  out  brick  which  would  comply  with  such  a  specification. 
Nevertheless  such  a  specification  was  adopted  for  a  paving  contract 
involving  about  six  million  brick,  and  had  to  be  waived  before  the 
construction  of  the  pavements  in  question  was  possible. 

§  1 66.  Specifications  for  Criticism. — The  student  should  con- 
sider one  or  more  of  the  following  specifications,  and  both  criticize  the 
specification  as  written  and  rewrite  the  specification  so  as  to  assure 
proper  results  or  to  express  the  meaning  (which  should  have  been  ex- 
pressed) in  clear  and  unequivocal  language.  The  student  should  ex- 
amine critically  each  specification  to  see  wherein  it  is  obscure,  verbose, 
indefinite,  indeterminate,  ambiguous,  arbitrary  or  unfair. 

1.  "Broken  stone  shall  be  of  quality  approved  by  the  engineer  and  shall 
be  of  cubes  of  such  size  as  will  pass  through  a  two  inch  ring." — Eng.  News 
Sup.,  Vol.  51,  p.  149. 

2.  "The  contractor  must  employ  a  competent  mechanic,  selected  by  the 
engineer,  who  understands  and  speaks  English,  and  not  a  common  laborer, 
to  make  the  joints  of  the  pipe  sewer." — Eng.  News  Sup.,  Vol.  51,  p.  149. 

3.  "Should  the  engineer  so  desire,  50%  of  the  stone   (for  the  concrete) 
may  be  replaced  by  gravel,  perfectly  free  from  sand." — Eng.  News  Sup.,  Vol. 

4.  "The  mortar  used  in  masonry  and  brick  work  shall  be  made  of  hy- 
draulic cement  and  sand,  or  lime  and  sand,  or  a  combination  of  hydraulic 
cement,  lime  and  sand,  according  as  the  engineer  may  direct.     It  shall  be 
mixed  in  such  proportion  and  made  and  used  in  such  manner  and  within 
such  time  after  mixing  as  he  shall  prescribe  and  direct." — Eng.  News  Sup., 
Vol.  51,  p.  49. 


Specifications  for  Criticism  291 

5.  "The   engineer  must  be  permitted   to   remove   such   portions   of  the 
work  as  he  may  from  time  to  time  think  necessary  for  discovery  of  improper 
materials  or  workmanship,  and  the  contractor  shall  restore  such  work  at 
his  own  expense." — Eng.  News  Sup.,  Vol.  50,  p.  365. 

6.  "All  timber  used  in  the  trench  and  left  there  shall  be  paid  for  at  cur- 
rent rates." — Eng.  News  Sup.,  Vol.  50,  p.  305. 

7.  "In  accordance  with  our  conversation  this  morning,  I  hereby  agree  to 
rent  you  12  wheel  scrapers  at  50  cents  each  per  day." — Eng.  News   Sup., 
Vol.  51,  p.  169. 

8.  "The  State  Engineer  shall  between  the  first  and  fifteenth  days  of  each 
month   make   and  file  with  the   Superintendent  of  Public  Works,   an   esti- 
mate of  the  amount,  character  and  quantity  of  work  done  and  of  material 
which  has  actually  been  put  in  place  in  accordance  with  the  terms  and  con- 
ditions of  this  contract  during1  the  preceding  month,  and  compute  the  value 
thereof.       The   Superintendent   of   Public   Works   may   within   fifteen   days 
thereafter  at  his  office,  pay  to  the  contractor  from  the  money  which  shall 
have  been  appropriated  for  that  purpose,  a  sum  not  to  exceed  ninety  per 
cent  of  the  value  of  the  work  performed  and  material  furnished  as  so  cer- 
tified by  the  Engineer." — Eng.  Rec.  July  27,  1907,  p.  85. 

9.  "Trenches  shall  be  filled  with  special  care.      The  engineer  may,  if  he 
deems  necessary,  require  one  man  tamping  to  each  man  filling  in,  or  may 
require  the  contractor  to  puddle  the  filling  with  water  without  extra  com- 
pensation."— Eng.  News  Sup.,  Vol.  50,  p.  125. 

10.  "It  is  expressly  specified  that  in  entering  into  the  agreement  to  per- 
form the  work  herein  specified,  the  contractor  admits  that  he  has  read  each 
and  every  clause  of  these  specifications  and  the  circular  of  instructions,  fully 
understands  the  meaning  of  the  same,  and  that  he  will  comply  with  all  the 
requirements  herein  set  forth." — Eng.  News  Sup.,  Vol.  50,  p.  321. 

11.  "The  sewer  will  be  measured  along  its  center  line.       The  price  bid 
per  lineal  foot  of  sewer  will  include  all  expense  for  labor  and  for  material 
needed  to  complete  the  sewer;  and  no  additional  payment  will  be  made  for 
bracing,  pumping,  street  repairing  or  any  other  thing  involved  in  completing 
the  sewer." — Eng.  News.  Sup.,  Vol.  50,  p.  257. 

12.  "All  clay  and  spongy  material  shall  be  removed  to  a  depth  to  be  de- 
termined by  the  engineer  (not  exceeding  12  inches  below  the  bottom  of  the 
macadam),  and  shall  be  replaced  with  such  material  as  the  engineer  may 
direct."— Eng.  News  Sup.,  Vol.  50,  p.  257. 

13.  "Superstructure  for  Paving. — Consisting  of  four  inches   deep   after 
rolling  and   ramming  solid   sand   and  gravel  or  hard   coal   cinders;    under 
course  of  bricks  laid  flat;   one  inch  sand  bedding  after  rolling  solid;    top 
finished  course — vitrified  bricks  paved  on  edge,  racked  with  sand  as  follows: 

"The  superstructure  for  paving  shall  be  executed  to  such  depth  below 
the  underside  of  the  top  brick  course  as  will  admit  a  layer  of  solid  sand  and 
the  top  finished  paving.  If  such  said  depth  below  the  underside  of  the  top 
brick  course  be  not  too  shallow,  shall  receive  a  foundation  of  sand  and 
gravel  so  directed,  under  course  bricks  laid  flat,  with  one  inch  of  sand  bed- 
ding for  finished  paving." 

14.  "At  a  depth  of  seven  inches  below  underside  of  top  brick  course,  the 
formation  shall  receive  a  layer  of  sand  and  gravel  to  pas§  a  two  ^nd  one- 


292  Preparation  of  Specifications 

half  inch  ring,  or  hard  coal  cinders  as  shall  be  directed,  four  inches  in  thick- 
ness after  ramming  and  rolling  solid  with  a  five  ton  roller,  to  receive  layer 
of  flat  brick  paving,  one  inch  sand  bedding  and  top  course." 

15.  "The  paving  bricks  shall  consist  of  the  very  best  quality  of  vitrified 
bricks  used  for  paving  purposes.     They  shall  be  thoroughly  sound  vitrified 
through,  and  shall  withstand  all  tests  brought  to  bear  as  to  their  fitness,  and 
shall  not  contain  lime,  etc.,  to  such  extent  as  to  cause  them  to  fracture  after 
being  immersed  in  water  eight  (8)  days,  and  shall  show  a  modulus  of  rup 
ture  not  less  than  eighteen  hundred   (1,800)  pounds  to  the  square  inch,  and 
absorption  not.  l^ss  than  one  and  five-tenths    (1.5)    per  cent.     This  average 
shall  not  be  varied  from  more  than  twenty  (20)  per  cent." 

16.  "The  transverse  courses  of  top  finished  paving  shall  be  laid  on  edge, 
perfectly  at  right  angles  with  the  line  of  curbs  and  in  perfectly  straigh, 
lines,  laid  and  tested  to  a  cord-line  and  plumb-bob." 

17.  "As  the  work  proceeds,  any  portion  not  actually  covered  by  the  fin- 
ished paving;   or  any  ground  that  may  have  been  opened  to  the  formation 
level,  shall  be  kept  from  exposure  to  storms  and  inclemency  of  the  weather 
by  oil  sheet  tarpaulins  provided  for  the  purpose.     If  at  any  time  the  forma- 
tion is  allowed  to  get  wet,  soft  or  cut  up,  it  shall  be  taken  out  to  such  deptfc 
as  directed  by  the  engineer,  and  replaced  with  sand  and  gravel  or  hard  coal 
cinders,  thoroughly  tamped  and  rolled,  as  directed  by  the  engineer,  without 
sxtra  charge  or  cost." 

18.  "The  committee  shall  have  power  at  any  time  to  alter,  amend  and  do 
anything  relating  to  the  quantity  or  quality  and  description  of  materials  or 
workmanship,  or  to  add  to,  or  reduce  anv  of  the  work  without  in  any  way 
annulling  the  contract,  and  the  contractor  shall  comply  with  these  terms  in 
every  respect,  the  same  as  if  no  alteration  in  any  respect  had  been  made 
without  extra  cost  or  claims,  or  in  any  case,  should  there  not  be  a  price  re- 
turned or  provided  for  in  the  schedule  contained  in  the  contractor's  bid  for 
anything  required  or  called  for  whether  the  same   is   specified   or  not,  for 
materials  supplied,  built  and  fixed  in  place,  or  workmanship,  then  such  price 
shall  be  allowed  by  the  engineer  as  in  his  opinion  is  reasonable  and  fair,  and 
according  to  its  market  value.     If  such  alterations  diminish  the  work  to  be 
done,  they  shall  not  constitute  a  claim  for  damages  or  for  anticipated  profits 
on  the  work  dispensed  with." 

LITERATURE 

The  Writing  of  Specifications.  Points  to  be  observed  in  preparation  of 
specifications,  by  H.  P.  Breintenbach.  Eng.  News,  March  7,  1912,  p.  443. 

Specifications.  Address  to  students  of  Renssalaer  Polytechnic  Inst,  by 
Theo.  Cooper.  Eng.  Rec.  Apr.  15,  1893,  p.  395. 

Notes  on  Preparing  Specifications,  U.  S.  Reclamation  Pervice.  Pome  prin- 
ciples to  be  observed.  Eng.  News,  Vol.  57,  p.  649.  Eng.  Rec.  Vol.  55,  p.  701. 

The  Making  of  Specifications.  Abstract  from  address  to  Am.  Soc.  Test 
Mat.  1903,  by  Dr.  C.  B.  Dudley.  Eng.  News,  Vol.  50,  p.  39. 

Alternate  Specifications  for  Public  Work.  Discussion  showing  that  all 
bids  should  be  made  on  same  basis,  by  C.  D.  Hill.  Eng.  News,  Vol.  74,  No.  25. 

The  Application  of  Specifications.  Presidential  Address  before  16th  an- 
nual meeting  Am.  Assoc.  Test.  Mat.  by  Robert  W.  Hunt.  Eng.  News,  Vol. 


Literature  293 

Engineers,  Contractors  and  Specifications.  Criticism  of  unfair  and  in- 
definite specifications.  Editorial.  Eng.  News,  Vol.  48,  p.  213. 

Relation  between  Research  and  Technical  Society  Activities.  Extracts 
from  address  to  Am.  Soc.  Test.  Mat.  June,  1914.  A.  N.  Talbot.  Value  of  re- 
search in  writing  specifications.  Eng.  Rec.  Vol.  70,  p.  36. 

Who  Should  Prepare  Specifications?  Editorial.  Discusses  advantages  of 
using  standard  specifications  and  objections  to  specifications  prepared  by  in 
terested  parties  such  as  manufacturer.  Eng.  News,  Vol.  36,  pp.  121.  154. 

Clear  Specifying  and  the  Nova  Scotian  Steel-Coal  Lawsuit.  Desirability 
of  explicit  specifications.  Editorial.  Eng.  News,  Vol.  Gl,  p.  386. 

The  Evils  of  Indefinite  Plans  and  Specifications.  Editorial.  Fng.  Re". 
Vol.  70,  p.  655. 

Square  Deal  Specifications.  Desirability  of  explicit  and  fair  specifica- 
tions. Eng.  Rec.  Vol.  55,  p.  454. 

Engineers'  Contracts  and  Specifications  from  the  Contractors'  Point  of 
view.  Abstract  of  paper  before  Boston  Soc.  C.  E.  by  J.  W.  Rollins,  Jr.,  Eng. 
News,  Vol.  58,  p.  356. 

A  Court  decision  that  Specifications  on  Public  Work  must  accurately  de- 
fine the  work.  Editorial.  Eng.  News,  Vol.  55,  p.  128. 

Contract  Obligations  in  the  Steel  Trade.  Abstract  of  paper  before  Am. 
Iron  &  Steel  Inst.  gives  fundamental  conditions  in  contracts,  by  E.  A.  S. 
Clarke.  Can.  Eng.  Vol.  23,  p.  229. 


CHAPTER  XVI 
TECHNICAL  SPECIFICATIONS 

§  167.  Breadth  of  Knowledge  Necessary. — Engineering  specifi- 
cations may  cover  almost  any  phase  of  industrial  activity,  and  it  is  ob- 
vious that  no  individual  can,  from  his  experience  and  immediate 
knowledge,  be  prepared  to  write  suitable  specifications  for  all  of  the 
multitude  of  engineering  and  architectural  works,  machines,  materials 
and  processes  for  which  such  specifications  are  sometimes  needed. 
Even  where  the  specifications  are  for  matters  within  the  experience 
and  knowledge  of  the  individual,  and  even  though  he  has  frequently 
prepared  similar  papers,  the  difference  in  conditions,  the  advances 
in  the  art,  the  improvements  in  methods,  and  the  special  economies 
possible,  usually  require  thoughtful  preparation  and  a  readjustment 
of  the  ideas  that  have  previously  been  embodied  in  such  papers. 

In  almost  every  important  work,  new  conditions  and  new  require- 
ments may  involve  detailed  methods  not  fully  familiar  or  possibly  even 
quite  unfamiliar  to  the  engineer  in  charge,  and  he  is  obliged  to  pre- 
pare a  specification  for  an  object  or  result  somewhat  beyond  his  expe- 
rience. 

In  all  cases,  and  particularly  in  the  case  last  mentioned,  the  engi- 
neer must  know  either  by  experience  or  by  investigation,  the  nature 
of  the  material  and  processes  best  adapted  to  the  particular  case  at 
hand,  and  the  limitations  and  restrictions  that  it  is  desirable  and  com- 
mercially possible  or  practicable  to  specify  for  the  guidance  in  fur- 
nishing the  material  and  doing  the  work  of  construction.  Everv 
source  of  information  should  be  utilized,  and  even  these  will  often  be 
found  too  limited  for  his  full  information. 

§  168.  Detailed  Information  Needed. — In  the  preparation  of 
technical  specifications,  it  is  essential  that  the  engineer  should  pos- 
sess a  comprehensive  and  detailed  knowledge  of : 

First.  The  qualities  and  characteristics  of  the  various  materials 
to  be  used  and  the  practicable  limits  to  which  the  qualities  necessary 
for  the  work  in  question  should  be  restricted. 

Second.  The  usual  and  practicable  methods  of  performing  the 
work  to  be  done  in  such  a  manner  that  it  will  be  completed  without 
unnecessary  expense  and  in  a  manner  satisfactory  for  the  purpose 
which  it  is  to  fulfill. 


Detailed  Information  295 

Both  requirements  presuppose  a  somewhat  broad  and  complete 
knowledge  of  the  material  and  processes  considered.  Such  a  knowl- 
edge is  acquired  only  by  extended  study,  observation  and  experience, 
and  is  not  usually  possessed  by  the  young  engineer  or  by  an  engineer 
who  has  been  called  upon  to  undertake  work  in  lines  somewhat  differ- 
ent from  his  previous  practice.  In  such  cases,  systematic  study,  in- 
cluding observation  and  investigation,  can  only  partially  take  the 
place  of  the  knowledge  gained  by  experience,  and  without  systematic 
study  such  specifications  cannot  be  properly  prepared.  In  many  cases, 
experience  is  absolutely  necessary,  for  the  necessary  requirements 
which  should  be  included  in  correct  specifications  are  not  always  suffi- 
ciently elaborated  in  available  technical  papers  or  books,  nor  is  it  al- 
ways practicable  to  obtain  a  sufficient  knowledge  of  the  same  through 
limited  observation  and  investigation. 

Third.  The,  ability  to  designate  in  detail  the  composition  or  ele- 
ments of  the  material  or  processes  and  the  methods  to  be  used  for 
their  proper  production  and  utilization  or  the  ability  to  design  in  de- 
tail the  structure,  machine  or  plant  contemplated. 

Fourth.  A  knowledge  of  the  methods  ordinarily  employed  by  the 
mechanics  or  operatives  in  the  manfacture  of  the  product  or  machine 
and  in  the  construction  and  operation  or  maintenance  of  the  plant 
or  structure. 

Fifth.  The  experience  which  will  foresee  the  necessary  materials 
and  methods  to  be  employed,  difficulties  to  be  overcome,  and  contin- 
gencies to  be  met  in  the  work. 

The  more  complete  the  knowledge  of  the  subject,  the  better  the 
specification,  provided  the  engineer  has  the  ability  to  express  his 
knowledge  in  clear  and  exact  language. 

No  engineer  can  evolve  from  his  inner  consciousness  adequate 
specifications  for  engineering  work;  and  even  after  extended  exper- 
ience, the  intelligent  engineer  will  frequently  find  ways  in  which  his 
specifications  can  be  materially  improved.  Extended  study,  observa- 
tion and  investigation  must  therefore  precede  the  preparation  of  any 
specification,  and  especially  in  lines  which  are  new  to  their  writer. 

§  169.  Outline. — The  detailed  requirements  of  the  specifications 
for  even  a  single  fundamental  material  or  process  are  seldom  so  sim- 
ple that  they  can  be  kept  clearly  in  mind  for  the  purpose  of  specifica- 
tion writing  without  danger  of  serious  omissions.  In  the  preparation 
of  specifications  for  engineering  and  architectural  works,  the  materials 
are  so  many,  the  processes  so  numerous,  and  the  various  parts  and 


296  Technical  Specifications 

divisions  are  so  manifoid  that  some  material,  process  or  part  is  apt  to 
be  overlooked  and  omitted  unless  special  precautions  are  observed. 

Reliance  on  the  memory  to  retain  all  these  matters  is  inexpedient, 
as  most  engineers  have  experienced  to  their  great  embarrassment. 
From  similar  experiences,  the  author  was  led  to  adopt  the  analytical 
method  here  outlined,  which  he  has  used  with  satisfaction  in  his  prac- 
tice for  a1most  thirty  years. 

The  general  plan  to  be  pursued  in  the  preparation  of  these  out- 
lines is  to  divide  the  work  to  be  done  into  its  various  elements,  and 
to  set  down  in  detail  ail  materials  and  process  which  must  be  included, 
still  further  subdividing  and  analyzing  the  essential  features  or  re- 
quirements of  each.  In  the  cases  of  fundamental  material  or  processes, 
the  qualities  or  operations  that  should  be  limited  or  controlled  should 
be  similarly  differentiated,  classified  and  outlined. 

The  engineer  should  keep  his  note  book  constantly  at  hand  when 
considering  an  improvement,  whether  in  the  office,  the  field,  or  the 
drafting  room,  and  carefully  note  such  points  as  he  desires  to  intro- 
duce in  the  completed  work,  and  embody  them  in  his  outline  and 
specifications. 

The  purpose  of  the  analysis  suggested  is  to  arrange  in  a  logical 
order  the  detailed  subject  matter  for  any  given  specification,  covering 
in  each  case  completely,  or  as  nearly  as  practicable,  the  entire  subject 
to  be  considered.  In  general  such  an  outline  should  include  all  items 
that  should  ordinarily  be  embraced  in  a  specification  for  similar  ma- 
terial process  or  work.  The  outlines  should  be  sufficiently  complete 
to  cover  all  ordinary  conditions  and  requirements  and  in  their  use  they 
should  be  carefully  scrutinized  to  see  that  they  include  every  item 
necessary  for  each  particular  case. 

With  this  ana1ytical  method  of  specification  writing,  collections 
of  specifications  of  able  engineers  on  various  important  works  are  of 
great  value  as  suggestions,  and  will  greatly  facilitate  the  preparation 
of  such  outlines. 

A  careful  analysis  of  the  work  to  be  done  or  material  to  be  fur- 
nished under  any  contract,  is  essential  to  rapid,  accurate  and  suc- 
cessful specification  writing. 

In  the  actual  writing  of  specifications,  all  of  the  items  in  a  com- 
plete outline  will  seldom  be  used  for  the  particular  work  in  hand,  and 
often  a  brief  memorandum  may  embrace  all  that  is  essential  or  de- 
sirable to  mention. 

In  practice,  for  each  particular  piece  of  work  for  which  specifi- 
cations are  to  be  prepared,  a  special  outline  in  logical  order  may  be 


The  Outline  297 

first  drawn  up  in  which  should  be  included  all  items  necessary  for  the 
particular  work.  From  a  correct  outline  of  this  kind  the  specifications 
can  be  drawn  with  little  chance  of  omission  of  important  matters. 

After  a  correct  outline  is  drawn,  the  specifications  under  each 
heading  may  be  written,  or  clauses  from  such  other  specifications  as 
the  engineer  desires  to  use  as  models,  may  be  used  so  far  as  they  apply 
to  the  work  in  hand.  It  is  essential,  however,  that  their  bearing  should 
be  carefully  scrutinized,  and  no  specifications  should  be  introduced 
which  do  not  distinctly  apply  to  the  work  in  question.1 

§  170.  The  Use  of  Published  Specifications. — In  the  preparation 
of  technical  specifications  on  lines  that  differ  somewhat  from  those 
embraced  in  the  experience  of  their  engineer,  the  usual  method  has 
been  to  select  as  a  basis  for  the  new  specifications,  simi1ar  specifica- 
tions which  have  been  used  on  other  more  or  less  s'milar  work,  and 
which  are  judged  by  the  engineer  to  be  satisfactory. 

An  inteliigent  study  and  analysis  of  specifications  which  have 
already  been  prepared  for  similar  work,  especially  where  the  exper- 
ience of  their  author  renders  them  authoritative,  is  of  great  value  and 
importance. 

There  is  no  better  source  of  information  than  well  prepared  speci- 
fications nor  a  better  method  of  study  than  by  a  comparison  of  the 
practice  of  a  number  of  experienced  engineers  as  expressed  by  their 
specifications,  and  no  better  method  of  preparation  than  the  adoption 
of  well  considered  phrases  and  entire  clauses  that  are  really  applicable 
to  the  case  at  hand.  The  error  which  commonly  follows  this  practice 
lies  in  the  abuse  of  such  a  method,  and  such  errors  can  bs  overcome 
and  this  means  of  acquiring  information  utilized  to  advantage  only  by 
a  full  and  careful  analysis  and  comprehensive  study  of  the  subject. 
There  is  no  way  of  accomplishing  the  object  sought  without  hard  and 
unremitting  study  and  investigation,  and  professional  success  is  de- 
pendent on  an  appreciation  of  these  requirements  no  less  than  on 
other  professional  knowledge  and  experience. 

The  rewriting  of  a  well  prepared  clause  which  clearly  and  defin- 
itely specifies  the  qualities  or  limitations  desired  in  order  simply  to 
effect  originality  is  not  advocated.  Originality  in  specification  writ- 

1  Similar  outlines  to  those  suggested  are  published: 

1st.  In  Sweet's  Catalogue  of  Building  Construction.  (See  checking  list 
for  specifications  and  estimates.) 

2d.  In  The  Engineering  Catalogues  and  Specification  Digest,  iccvc1.  *y 
the  Engineering  Magazine.  (See  Specification  Digest.) 


298  Technical  Specifications 

ing  is  not  a  desirable  object.  In  most  cases  the  more  original  a  spec- 
ification is,  the  poorer  it  is.  Well  established  precedent  is  a  safe 
guide  to  follow,  especially  when  proceeding  beyond  the  domain  of  per- 
sonal experience,  but  it  is  essential  to  determine  that  a  precedent  is 
well  established  and  is  a  proper  precedent  for  the  condition  at  hand. 

In  selecting  for  use  specifications  prepared  by  others,  they  should 
be  modified  as  the  conditions  demand.  This  method  has  given  and 
will  give  good  results  by  careful  discrimination  and  intelligent  study, 
but  it  too  often  degenerates  simply  into  copying  with  slight  changes, 
the  clauses  prepared  in  previously  executed  work,  the  importance  of 
which  frequently  differs  from  the  work  on  hand  and  the  conditions  of 
which  often  vary  largely  from  the  work  for  which  the  new  specifica- 
tions are  to  be  used.  To  prepare  a  good  specification  will  therefore 
require  much  more  than  even  the  judicious  copying  of  other  specifi- 
cations. 

A  well  and  properly  written  specification  will  seldom  apply  in 
detail  to  other  than  the  work  for  which  it  is  prepared,  and  the  use  of 
such  specifications  on  entirely  different  work  under  radically  different 
conditions  and  without  careful  initial  study  and  consideration  of  their 
application  in  detail,  can  lead  only  to  unsatisfactory  results  and  is 
inexcusable.  The  unintelligent  copying  of  such  specifications  should 
be  studiously  avoided.  Such  a  method  of  preparation,  which  is  alto- 
gether too  common,  is  apt  to  bring  embarrassment  and  shame  on  those 
who  follow  it. 

If  the  engineer  is  in  too  much  of  a  hurry  or  is  too  indolent  to 
study  his  subject  and  to  inform  himself  properly,  he  is  quite  sure  to 
copy  those  clauses  which  he  does  not  understand,  as  such  clauses  will 
appeal  to  him  as  possibly  highly  essential  for  the  perfection  of  his 
specifications,  while  frequently  they  will  have  no  bearing  whatever  on 
his  particular  case,  and  the  introduction  of  a  clause  not  pertinent  to 
the  object  at  hand  is  a  notice  to  contractors  and  manufacturers  that 
their  author  is  ignorant  of  his  subject. 

In  the  careless  use  of  this  method  of  preparing  specifications,  cer- 
tain specifications  are  often  selected  only  because  they  have  been  used 
on  important  work  in  other  places  and  have  to  the  unsophisticated 
engineer,  a  learned  sound  and  not  because  there  is  any  necessity  for 
their  introduction  for  the  particular  work  in  question.  In  this  manner 
certain  specifications  are  sometimes  copied  and  recopied  until  they 
have  lost  any  shade  of  meaning ;  and  in  other  cases,  specifications  are 
copied  which  may  have  no  application  whatever  to  the  case  in  hand. 


Published  Specifications  299 

While  the  insertion  of  useless  specifications  is  objectionable,  inas- 
much as  they  display  ignorance  of  their  writer  in  regard  to  the  work 
at  hand,  yet  they  are  ordinarily  meaningless  and  their  insertion  is  not 
so  serious  as  the)  omission  of  important  specifications,  which  is  per- 
haps a  still  more  common  occurrence. 

One  of  the  dangers  of  copying  a  specification  is  that  the  specifica- 
tion may  be  incomplete  unless  the  drawing  of  the  work,  which  is  an 
integral  part  of  the  same,  also  be  considered.  Dimensions  shown  on 
the  drawings  are  seldom  repeated  in  the  specifications;  hence  if  the 
specifications  are  carelessly  copied,  without  due  consideration,  they 
may  be  regarded  as  complete  in  themselves  when  such  is  not  the 
case.  Take,  for  example,  the  following  clause  for  a  pavement : 

"Upon  this  sand  cushion  shall  be  laid  a  pavement  of  asphalt  blocks.     The 
blocks  shall  be  4"  in  width  and  12"  in  length." 

It  will  be  noted  that  the  depth  of  the  block  is  not  mentioned,  such 
depth  being  doubtlessly  shown  on  the  drawing  to  which  the  specifica- 
tions refer. 

§  171.  Simple  Specifications. — In  the  performance  of  the  sim- 
pler forms  of  labor,  and  in  the  purchase  of  the  simpler  materials  or  sup- 
plies, and  even  of  simpler  and  smaller  machines  which  have  become 
standard,  the  necessary  specifications  are  often  of  the  simplest  kind. 
Simple  specifications  may  require  only  a  plain  and  exact  statement  of 
the  conditions  that  exist  and  the  general  nature  of  the  machine  or 
structure  required  to  satisfy  those  conditions.  Such  specifications  re- 
quire no  elaborate  special  knowledge  in  their  preparation,  but  such 
knowledge  may  be  required  when  bids  are  received  in  order  that  an 
intelligent  choice  may  be  made  as  to  the  manner  and  method  in  which 
they  will  be  best  fulfilled. 

The  preparation  of  such  specifications  does  require  a  complete 
comprehension  of  the  conditions  and  the  ability  to  outline  them  clearly 
and  completely,  so  that  manufacturers  or  contractors  will  know  how 
the  requirements  are  to  be  met. 

In  order  to  permit  of  competition  in  matters  wherein  certain 
methods  or  details  are  controlled  by  or  are  peculiar  to  certain  indi- 
viduals or  firms,  the  specification  must  be  left  open  and  should  require 
that  the  proposal  be  accompanied  by  manufacturers'  or  proprietors' 
specifications,  defining  in  detail  the  material,  machinery  or  construc- 
tion which  it  is  proposed  to  furnish  under  a  specific  bid. 

In  all  cases,  where  the  specifications  are  only  general  in  character, 
the  contractor  may  be  required  to  furnish  the  detailed  specifications 


300  Technical  Specifications 

and  perhaps  detailed  plans. with  his  bid,  describing  and  showing  therein 
the  special  details  he  proposes  to  furnish.  Such  specifications  are 
usually  requested  under  some  general  specifications,  as  follows : 

"The  contractor  shall  furnish  specifications  describing  in  detail  the  char- 
acter of  the  work  and  material  to  be  furnished  by  him  under  this  contract. 
Such  specifications,  when  accepted  by  the  party  of  the  first  part  and  attached 
herein,  shall  be  marked  'Exhibit  ...,'  and  shall  constitute  an  essential  pait 
hereof,  and  the  work  furnished  hereunder  must  strictly  conform  thereto." 

§  172.  Detailed  Specifications. — As  a  design  becomes  more 
elaborate  and  the  individual  parts  of  a  structure  become  more  numer- 
ous or  complicated,  it  becomes  more  and  more  essential  that  the  speci- 
fications shall  be  complete  and  that  the  materials  and  method  of  con- 
struction of  each  part  shall  be  described  in  detail,  for  with  increased 
complications  in  design  greater  uncertainties  arise  as  to  the  materials 
and  methods  of  construction  which  must  be  used.  The  specifications 
are  intended  to  fix  these  details  beyond  question,  and  to  confine  the 
character  of  the  materials,  workmanship,  and  design  within  necessary 
limits. 

The  preparation  of  such  specifications  requires  an  extensive  tech- 
nical knowledge  of  materials,  processes,  designs  and  construction,  in- 
cluding a  knowledge  and  appreciation  of  commercial  conditions  and 
limitations  which  may  influence  the  cost  and  efficiency  of  the  results 
desired. 

In  some  cases  where  detailed  plans  and  specifications  are  sup- 
plied, it  may  be  desirable  to  ask  manufacturers  or  expert  contractors, 
having  special  experience,  to  submit  bids  not  only  on  the  engineers' 
plans  and  specifications  but  also  on  special  plans  and  specifications, 
embodying  their  own  ideas  and  practice. 

§  173.  Modifications  of  Requirements. — In  the  preparation  of 
specifications,  especially  for  public  work,  it  is  important  that  provisions 
should  be  made  for  such  modifications  in  the  methods  which  are  to  be 
pursued  and  the  materials  that  are  to  be  used  as  are  likely  to  be  re- 
quired, as  any  modification  by  the  engineer  in  the  strict  requirements 
of  the  specifications  are  apt  to  subject  him  to  severe  although  possibly 
unwarranted  criticism.  For  example:  in  the  specifications  for  con- 
crete or  for  placing  the  same  (see  Sec.  220),  it  is  advisable  if  there  is 
any  chance  that  modifications  in  the  character  of  the  mixture  or  pro- 
cess will  be  desirable,  to  provide  in  the  specifications  for  such  modifi- 
cations and  for  the  less  or  greater  compensation  to  the  contractor  for 
the  amount  of  work  in  which  such  modifications  are  made.  The  same 
rule  should,  of  course,  apply  to  all  other  materials  and  work  in  which 
modifications  may  become  necessary. 


Standard  Materials  and  Methods  301 

§  174.  The  Use  of  Standard  Materials  and  Methods. — Specifica- 
tions not  only  bind  the  contractor  to  perform  his  work  in  a  certain 
manner,  and  to  furnish  material  of  a  certain  grade,  but  they  also 
greatly  influence  the  cost  of  the  work  and  material  furnished.  In 
ordinary  practice  it  is  desirable  to  specify  only  such  character  of  ma- 
chines, material,  supplies  or  methods  as  may  be  found  on  the  market 
and  in  general  use.  Unusual  characteristics,  modifications  of  stand- 
ard machines,  and  the  introduction  of  new  methods,  should  be  speci- 
fied only  when  such  unusual  requirements  are  clearly  needed  to  secure 
the  best  results  and  after  an  investigation  has  shown  plainly  that  the 
additional  expense  involved  is  commensurate  with  the  better  results 
to  be  obtained. 

Neither  the  best  nor  the  cheapest  is  uniformly  desirable  or  ap- 
plicable, and  the  ideal  quality  for  the  specific  conditions  in  immediate 
question  should  be  the  aim  in  each  case.  Unnecessary  requirements 
and  restrictions  as  to  the  quality  or  character  of  material  and  supplies 
or  of  unusual  methods  of  construction  will  add  unnecessarily  to  the 
expense  involved  and  are  a  serious  error.  Such  specifications  are  only 
too  common  and  frequently  result  in  unwarranted  expense,  serious 
trouble  and  sometimes  in  legal  complications. 

§  175.  Influence  of  Specifications  on  Material  and  Methods. — 

While  it  is  largely  true,  especially  in  small  works,  that  the  engineer 
must  use  those  materials,  products  and  methods  which  are  usual  and 
available  and  have  the  endorsement  of  common  usage,  it  is  also  true 
that  all  such  commercial  products  a.re  s'owly  but  surely  modified  and 
shaped  by  the  demands  of  the  best  practice.  The  manufacturer  who 
offers  a  material  or  a  machine  which  is  not  up  to  standard  require- 
ments, must  sell  to  the  ignorant  or  to  others  at  a  considerable  disad- 
vantage, for  a  reduction  in  price  for  an  inferior  article  may  sometimes 
compensate  for  lack  of  a  higher  degree  of  perfection.  If  a  machine  or 
material  is  found  more  or  less  unsuited  for  the  purpose  for  which  it 
is  used,  and  that  purpose  is  of  importance,  its  users  will  soon  demand 
such  changes  in  its  qualities  as  will  make  it  more  satisfactory;  and 
the  engineer  in  charge  of  the  designs,  dependent  upon  its  use,  or  of 
the  p^nts  in  which  it  may  be  needed  as  a'  necessary  supply,  should 
investigate  its  quality,  see  in  what  ways  it  may  be  improved  and  pre- 
pare specifications  which  will  bring  about  the  required  improvements. 
Such  improvements  can  be  brought  about  only  by  expert  investigation 
and  a  full  knowledge  of  the  subject ;  and  the  specifications  must  be 
made  along  practicable  lines. 


302  Technical  Specifications 

The  Altoona  laboratories  of  the  Pennsylvania  Railroad  are  de- 
voted to  such  work,  and  the  investigation  and  specifications,  and  the 
resulting  betterments  in  materials  and  supplies  furnished  to  that,  com- 
pany are  -examples  of  the  best  practice  in  specification  writing.2 

§  176.  Responsibility. — The  more  general  the  specifications,  the 
greater  the  degree  of  responsibility  which  the  contractor  should  be  re- 
quired to  accept.  As  the  details  are  defined  by  the  specifications,  the 
contractor's  responsibility  must  of  necessity  decrease,  for  neither 
morally  nor  legally  can  a  man  be  held  responsible  for  results  which 
are  entirely  beyond  his  control. 

In  fixing  responsibility  by  means  of  tests  and  guarantees,  the 
item  of  the  expense  involved  must  be  carefully  noted,  for,  especially 
in  smaller  contracts,  such  requirements  sometimes  involve  a  consid- 
erable extra  expense. 

It  is  frequently  better  to  purchase  a  standard  article  from  a  manu- 
facturer of  known  repute,  from  whom  the  engineer  knows  he  can 
secure  a  machine  which  will  give  certain  well-known  results,  than  to 
purchase  a  similar  article  under  unusual  guarantee  from  unknown 
parties  and  then  forego  the  test  on  account  of  the  expense  involved. 

Responsible  manufacturers  frequently  refuse  guarantees  on  small 
contracts  unless  the  tests  are  made  at  their  own  factories,  or  unless 
the  expense  of  such  a  test  is  covered  by  an  additional  compensation 
to  meet  the  cost  of  making  them. 

The  contractor  should  always  be  held  responsible  for  the  class  of 
workmanship  and  material  desired,  and  his  responsibility  in  these 
matters  should  be  carefully  covered  in  the  specifications. 

§  177.  Definite  Requirements. — In  the  preparation  of  specifica- 
tions for  materials,  processes,  machinery  or  works  with  which  the 
engineer  is  more  or  less  unfamiliar,  there  is  always  a  tendency  to 
cover  ignorance  by  indefinite  requirements. 

Indefinite  specifications  should,  wherever  possible,  be  carefully 
excluded  from  all  specifications,  and  from  machinery  specifications  in 
particular.  If  it  is  essential  to  specify  limiting  stresses  in  machine 
parts,  then  the  limits  should  be  specified  in  exact  language,  and  they 
should  not  be  specified  to  be  "ample"  or  "sufficient."  Such  specifica- 
tions are  valueless  for  they  leave  the  matter  wide  open  for  irrespon- 


2  The  Influence  of  Specifications  on  Commercial  Products,  by  C.  D.  Dud- 
ley. Address  Am.  Soc.  for  Testing  Materials,  1904.  See  Eng.  News,  Vol.  51, 
p.  592. 


Definite  Requirements  303 

sible  manufacturers  to  do  improper  work,  and  trust  to  the  ignorance 
of  the  engineer  to  pass  it  on  inspection,  while  with  reputable  makers 
such  clauses  are  wholly  unnecessary. 

The  question  as  to  what  the  terms  "ample,"  "sufficient,"  etc.,  are 
intended  to  cover,  must  finally  be  decided  if  the  machine  is  to  be 
accepted  or  rejected  on  such  a  basis,  and  it  will  greatly  aid  in  the 
clearness  of  the  specifications  if  such  questions  are  decided  in  the  first 
place  and  the  exact  requirements  inserted  in  place  of  the  indefinite 
ones.  General  specifications  in  regard  to  workmanship  must,  from 
their  nature,  necessarily  be  somewhat  inexact  and  indefinite,  but  when 
such  clauses  must  be  used  they  should  be  as  carefully  defined  as  pos- 
sible. When  necessary  such  clauses  may  be  embodied  in  the  specifi- 
cations and  defined  by  a  specification  somewhat  as  follows : 

"Whenever  on  account  of  the  nature  of  the  workmanship  or  material  to 
be  furnished,  the  specifications  defining  the  same  are,  from  the  nature  of 
such  work  or  material,  inexact  or  indefinite,  and  are  specified  to  be  'first- 
class,'  or  'satisfactory,'  or  by  other  terms  in  which  the  judgment  of  the  in- 
dividual may  vary,  then  and  in  that  event,  the  engineer  shall  be  the  sole 
judge  of  the  fulfillment  of  the  same." 

Such  a  clause  should,  however,  be  used  with  care,  as  few  con- 
tractors or  manufacturers  care  to  put  themselves  into  the  hands  of 
an  inexperienced  or  incompetent  party. 

§  178.  Standard  Specifications. — Various  technical  societies  and 
associations  have  from  time  to  time  adopted  "standard  specifications" 
for  certain  materials,  processes  and  structures.  In  general,  such  spec- 
ifications have  received  the  careful  consideration  of  experts  who  have 
had  much  experience  in  the  manufacture  and  use  of  the  material  and 
are  the  result  of  a  very  free  and  full  discussion  of  the  various  prac- 
ticable requirements  of  such  manufacture  and  use.  When  such  spec- 
ifications are  available  for  a  material  to  be  used  in  construction,  their 
adoption  by  the  engineer  seems  to  be  desirable  unless  the  peculiar 
conditions  of  the  case  in  hand  make  changes  in  the  requirements  es- 
sential. The  standard  specification  and  its  equipments  are  usually 
widely  known  to  manufacturers  and  contractors,  and  the  cost  of  the 
material,  as  subject  to  such  specification,  is  readily  determined. 
Requirements  more  severe  or  radically  different  from  a  well  estab- 
lished standard  may  seriously  affect  and  render  uncertain  the  prices 
which  may  be  demanded.  Departure  from  such  standards  should 
therefore  be  made  with  care  and  only  for  good  and  sufficient  rea- 
sons. 


304  Technical  Specifications 

As  such  specifications  are  often  well  known  and  widely  published, 
it  is  seldom  necessary  to  embody  them  in  detail  in  the  specifications 
prepared  by  the  engineer,  but  they  may  be  made  a  part  of  such  specifi- 
cation by  distinct  references. 

Such  specifications  are : 

Specifications  for  Portland  cement,  adopted  by  the  American  So- 
ciety of  Civil  Engineers. 

Specifications  for  underwriters'  fire  hose,  adopted  by  the  Associ- 
ated Factory  Mutual  Fire  Insurance  Companies. 

Specifications  for  structural  steel,  as  adopted  by  the  Steel  Manu- 
facturers' Association. 

Other  references  to  similar  specifications  will  be  found  in  the 
Bibliography  at  the  end  of  this  volume  under  the  heading  of  Standard 
Specifications. 

With  the  development  of  the  arts  and  the  experience  of  time,  these 
specifications  are  changed,  and  in  referring  to  them  the  date  of  the 
adoption  of  the  specifications  should  always  be  given.  Such  specifi- 
cations may  be  introduced  into  the  contract  by  a  reference  as  follows : 

"The  material  or  work  to  be  furnished  under  this  contract  shall  be  in 
strict  accordance  with  the  specifications  for  Structural  Steel,  adopted  by  the 

Steel  Manufacturers'  Association  of  (date),  and  which 

are  hereby  made  a  part  hereof." 

LITERATURE 

Copying  Specifications.  Objections  to  the  practice.  Editorial.  Eng. 
Rec.  Vol.  65,  p.  477. 

Influence  of  Specifications  on  Commercial  Products.  Abstract  annual 
presidential  address  to  American  Soc.  Test.  Mat.  1904.  Dr.  C.  B.  Dudley. 
Eng.  News,  Vol.  51,  p.  502. 

Needed  Improvements  in  the  Art  of  Testing  Materials.  The  Outlook  for 
uniform  International  specifications  for  materials.  Abstract  from  address  be- 
fore Am.  Soc.  Test.  Mat.  June  27,  1911.  Henry  M.  Howe.  Eng.  News.  Vol.  66, 
p.  53,  and  Eng.  Rec.  Vol.  64,  p.  14. 

Specifying  by  Reference  to  Standards.  Discussion  of  advantages  and 
disadvantages  of  such  practice.  Editorial.  Eng.  News,  Vol.  53,  p.  554. 

Concerning  Bridge  Steel  and  Ship  Steel.  Discussion  giving  the  advan- 
tages of  unification  of  specifications  for  steel  for  similar  purposes.  Editorial. 
Eng.  News,  Vol.  57,  p.  622. 

Railway  Construction.  Need  of  uniform  specifications.  Eng.  News,  Vol. 
49,  p.  501, 


CHAPTER  XVII 

SPECIFICATIONS   FOR  FUNDAMENTAL  MATERIAL  AND 

SUPPLIES 

§  179.  Fundamental  Elements  of  Specifications. — Fundamental 
materials  and  processes  are  first  introduced  in  the  discussion  of  spe- 
cifications not  on  account  of  their  simplicity  but  because  engineering 
or  architectural  work  is  made  up  of  a  series  of  such  elements,  and 
proper  specifications  of  fundamental  materials,  supplies  and  processes, 
united  together  in  a  complete  and  consistent  whole,  will  constitute  a 
correct  description  of  the  technical  requirements. 

There  are  in  fact  no  specifications  more  difficult  to  prepare  than 
those  for  fundamental  materials  and  processes.  Their  accurate  prep- 
aration necessitates  a  complete  and  definite  knowledge  of  elementary 
details  not  commonly  possessed  by  any  except  those  who  have  given 
the  subject  extensive  study.  As  the  various  materials  and  processes 
are  so  numerous,  a  detailed  knowledge  of  practicable  limitations 
and  the  extent  to  which  their  qualifications  should  be  modified  and 
controlled  in  a  specification  is  not  the  common  knowledge  of  the  engi- 
neer. 

Frequently  such  knowledge  is  not  generally  available  and  the  im- 
portance of  the  material  is  not  sufficient  to  warrant  the  expense  of  a 
sufficient  investigation  or  of  suitable  tests  and  experiments  to  form  the 
basis  of  a  sound  specification  in  which  the  composition,  method  of 
manufacture  or  specific  test  requirements  can  be  intelligently  and  spe- 
cifically set  forth.  This  is  particularly  true  of  new  materials,  proprie- 
tary articles  and  various  supplies. 

§  1 80.  Practical  Limitations  of  Specifications. — The  possibility 
of  an  intelligent  specification  depends  on  the  existence  of  a  certain 
amount  of  definite  knowledge  which  can  be  clearly  outlined,  covering 
the  composition  or  character  of  material,  the  methods  of  construction 
or  manufacture,  or  certain  test  results  which  are  to  be  obtained  and 
which  will  actually  indicate  the  character  of  the  material.  In  the 
early  development  of  any  material,  machine,  structure  or  process  an 
attempt  is  made  to  accomplish  certain  results  in  a  certain  way.  The 
attempt  is  a  failure  and  is  abandoned,  or  it  meets  with  greater  or  less 
success  in  accomplishing  the  object  sought.  In  the  latter  case,  various 
troubles  arise  as  time  passes ;  early  success  may  be  followed  by  partial 


306  Specifications  for  Materials 

failure  with  other  and  more  severe  conditions,  and  such  failures  may 
or  may  not  be  obviated  by  changes  in  composition,  methods  of  manu- 
facture or  design.  The  development  may  be  successful  under  certain 
conditions  and  a  failure  under  others.  In  each  case  a  knowledge  of 
the  limits  of  application  and  composition  become  gradually  known  and 
appreciated.  The  designer,  manufacturer  or  producer  acquires  a  cer- 
tain knowledge  of  the  development  and  of  the  effect  of  variations  in 
its  composition  or  design  on  its  utility  under  various  circumstances, 
and  such  knowledge  is  not  usually  available  to  the  purchaser  or  con- 
sumer except  when  the  development  has  been  extensively  applied,  and 
then  only  after  a  wide  and  comprehensive  inquiry.  The  purchaser 
frequently  acquires  a  very  definite  knowledge  of  the  application  of  a 
material  to  his  particular  requirements,  and  especially  the  effects  of 
time  and  use  on  its  ultimate  success. 

The  producer,  if  his  product  is  reasonably  successful,  desiring  to 
introduce  it  for  the  broadest  application  while  bettering  his  products 
as  the  demands  require,  is  not  likely  to  give  the  purchaser  any  further 
knowledge  of  the  contingencies  involved  than  his  own  interests  .war- 
rant. He  is  unwise  if  he  permits  the  product  to  be  used  where  failure 
will  inevitably  result,  for  such  failure  will  prejudice  its  future  use; 
but  he  must  run  certain  chances  of  failure  in  order  to  extend  the  use  of 
the  products  to  new  and  untried  fields. 

The  purchaser  secures  the  product  which  from  his  investigation 
seems  most  likely  to  give  the  results  he  desires ;  he  endeavors  by  in- 
vestigation, by  preparing  specifications  and  by  requiring  guarantees 
and  tests,  to  protect  his  interests.  These  he  must  limit  in  accordance 
with  the  necessities  of  the  case  and  the  expense  involved.  He  must 
assume  certain  risks  or  stand  the  expense  of  assured  results  which 
would  frequently  lead  to  great  difficulty  and  unwarranted  expense,  es- 
pecially in  a  new  product.  Gradually  the  use  of  a  product  becomes 
more  and  more  extended,  other  similar  products  arise  and  purchasers 
increase  in  number.  The  application  of  the  product  is  widely  dis- 
cussed, the  difficulties  in  its  use  become  known,  the  effects  of  design, 
of  composition  and  of  method  of  manufacture  become  appreciated. 
Under  these  conditions  the  product  can  be  more  or  less  controlled  by 
specifications,  for  certain  definite  and  fundamental  knowledge  becomes 
available  to  all  on  suitable  inquiry.  The  product  may  become  stand- 
ardized in  its  common  application,  and  by  reference  to  such  standards 
easily  limited  by  purchasers  with  normal  intelligence  and  having  even 
relatively  slight  knowledge  and  experience, 


Limitations  of  Specifications  307 

In  the  inception  of  the  development  no  standards  are  possible;  a 
certain  risk  is  necessary  if  the  product  is  to  be  used  and  such  risk  is 
common  both  to  the  producer  and  purchaser,  and  must  be  divided  in 
such  equitable  manner  as  the  circumstances  require. 

The  producer  desires  to  place  his  product  on  the  market  and  to 
make  it  an  ultimate  success.  His  experience  and  his  finances  may  per- 
mit of  his  warranty,  and  his  reputation  and  responsibility  may  make 
such  warranty  acceptable  to  the  purchaser.  The  warranty  involves 
expense,  replacements  are  necessary  and  damages  may  be  involved, 
but  finally  experience  is  acquired,  success  more  or  less  definite  is  es- 
tablished, the  guarantees  can  be  more  and  more  limited  or  may  become 
entirely  unnecessary,  for  the  product  has  become  standard  and  its  use 
within  certain  limits  recognized  as  a  practical  success. 

It  is  evident  that  detailed  specifications  should  be  limited  to  those 
materials  and  supplies  in  the  manufacture  of  which  the  composition, 
methods  of  manufacture  and  results  attained  can  be  intelligently  con- 
trolled for  a  useful  purpose.  If  the  composition  and  methods  of  man- 
ufacture materially  affect  the  results  which  will  be  obtained  in  the  use 
of  the  materials,  limitations  of  both  composition  and  methods  may  be 
desirable ;  but  if  a  knowledge  of  the  effect  of  composition  and  method 
is  not  available,  a  specification  in  which  an  attempt  is  made  to  control 
these  factors  is  useless  or  worse.  It  is  evident  that  any  specification 
which  will  involve  unnecessary  inconvenience  or  extra  expense  to  the 
manufacturer  will  be  undertaken  only  when  the  amount  of  the  ma- 
terial required  and  the  price  that  can  be  obtained  make  it  worth  while, 
and  the  extra  expense  will  be  warranted  only  by  definite  and  positive 
advantages  to  be  gained. 

§  181.  "To  the  Satisfaction  of  the  Engineer." — As  with  every 
other  subject,  so  in  specification  writing,  it  is  much  easier  to  deal  with 
generalities  in  more  or  less  vague  and  meaningless  phrases  and  to 
finally  limit  the  so-called  specification  by  the  requirement  that  the  ma- 
terial or  process  shall  be  furnished  or  done  to  the  complete  satisfac- 
tion of  the  engineer.  The  engineer  may  not,  and  frequently  does  not 
know  with  just  what  details  he  will  be  satisfied.  The  matter  is  often 
uncertain  in  his  own  mind  and  he  relies  on  the  chances  of  his  ascer- 
taining by  study  or  through  professional  inspiration  the  limitations 
which  will  permit  him  to  pass  upon  the  matter  with  possible  credit 
when  the  emergency  for  a  necessary  decision  arises.  The  contractor, 
on  his  part,  takes  the  chance  on  the  probability  that  the  engineer  will 
be  satisfied  with  reasonable  requirements. 


308  Specifications  for  Materials 

Where  the  material  or  process  required  is  only  a  small  portion  of 
the  complete  construction,  the  specifications  need  not  be  elaborate, 
and  the  requirement  that  it  be  "satisfactory"  may  be  a  reasonable  one. 
Where,  however,  the  material  constitutes  a  large  and  important  part 
of  a  contract,  it  is  highly  desirable  and  essential  to  good  practice  that 
the  specifications  be  reasonably  definite  and  complete,  and  the  chem- 
ical or  physical  qualities  or  test  requirements  be  so  completely  speci- 
fied as  to  leave  no  doubt  in  the  minds  of  either  party  as  to  what  is  re- 
quired. 

§  182.  Specifications  by  Name  Only. — The  simple  name  of  a 
material  is  usually  quite  insufficient,  as  a  basis  for  a  bid  or  contract  un- 
less it  be  accompanied  by  a  previous  inspection  by  a  party  conversant 
with  the  needs  to  which  it  is  to  be  applied. 

No  material  is  so  pure,  unadulterated  or  uniform  in  quality  that 
its  name  carries  with  it  and  assures  the  possession  of  the  necessary 
qualifications  for  the  purpose  for  which  it  is  to  be  used.  Every  ma- 
terial has  more  or  less  impurities  besides  the  basic  material  signified 
by  its  name,  and  no  alloy  is  sufficiently  described,  as  to  constituents, 
by  the  commercial  name  ordinarily  applied  to  it.  Iron  and  steel  range 
widely  in  characteristics  in  accordance  with  the  variation  in  the  con- 
stitutional elements  and  the  processes  used  in  their  production,  and 
certain  limitations  and  requirements  must  be  specified  whenever  the 
most  common  and  ordinary  forms  of  these  materials  are  not  sufficient 
for  the  purposes  to  which  they  are  to  be  applied.  Brasses,  bronzes 
and  other  alloys  vary  widely  in  their  composition  and  consequent  char- 
acter, and  while  practice  frequently  places  a  certain  limit  or  range  to 
the  composition  designated  by  a  certain  name,  it  will  seldom  if  ever 
so  closely  define  that  composition  as  to  render  unnecessary  a  detailed 
specification. 

The  important  work  of  the  Pennsylvania  Railway  testing  labora- 
tory at  Altoona  is  devoted  largely  to  specifications  for  materials,  and 
the  amount  of  labor  involved  and  time  necessary  for  their  adequate 
preparation  are  very  great.  Almost  the  entire  activities  of  the  Ameri- 
can Society  for  Testing  Materials  are  devoted  to  the  questions  of 
specifications  for  materials. 

The  uncertainties  resulting  from  inadequate  specifications  are 
well  illustrated  by  a  case  recently  tried  in  an  Eastern  court.  A  com- 
pany placed  an  order  with  a  steel  foundry  company  as  follows : 

"Six  tray  lips,  pattern  A — 1044.  These  lips  are  to  be  of  vanadium  cast 
steel  0.35  to  0.45  carbon  annealed.  Care  should  be  taken  that  the  metal  in 
the  cutting  edges  is  solid  and  of  the  best  quality." 


Specifications  by  Name  309 

These  castings  when  received  and  upon  use  were  very  unsatisfac- 
tory. Some  broke  within  a  few  hours  and  all  broke  within  a  com- 
paratively short  time  under  less  service  than  some  of  the  ordinary  open 
hearth  tray  lips  previously  used.  Payment  for  the  lips  was  refused, 
and  suit  entered  during  the  testimony  developed  as  follows:1 

"The  superintendent  of  the  steel  foundry  testified  that  6^  Ibs. 
vanadium  (alloy  about  one-third  pure)  was  placed  in  each  pot  of  1,600 
Ibs.  steel,  which  would  amount  to  from  0.15  per  cent  to  0.16  per  cent 
(calculation  shows  0.1354  per  cent)  ;  that  vanadium  put  into  castings 
varies  from  0.05  per  cent  to  0.15  per  cent,  sometimes  higher  if  it  is 
ordered  higher;  also  that  the  amount  of  ferrovanadium  lost  in  the 
melt  varies  a  good  deal  with  the  temperature  of  the  steel,  from  noth- 
ing up  to  one-half  of  one  per  cent.  A  chemist  stated  that  he  found 
the  vanadium  content  of  the  castings  to  be  0.03  per  cent  and  0.04  per 
cent ;  carbon  content,  0.375  Per  cent  and  0.384  per  cent.  A  metallur- 
gist stated  that  the  addition  of  6y2  Ibs.  of  ferrovanadium  (33%  per 
cent  vanadium)  to  1,600  Ibs.  of  steel  would  be  equivalent  in  round 
numbers  to  0.14  per  cent  vanadium,  and  that  there  would  be  at  least 
20  per  cent,  and  possibly  30  per  cent,  of  that  lost.  The  result  would 
be  about  o.io  per  cent  vanadium  remaining  in  the  steel.  He  stated 
further  that  there  is  a  recognized  'standard  vanadium  steel'  not  less 
than  0.15  per  cent  of  vanadium,  and  that  castings  containing  only 
0.03  per  cent  and  0.04  per  cent  would  not  be  castings  of  'standard 
vanadium  steel/  and  that  the  two  castings  in  question  showed  numer- 
ous gas  cavities  and  blowholes.  Three  other  witnesses  testified  that 
after  the  castings  were  broken  they  observed  numerous  holes. 

"Notwithstanding  the  foregoing  testimony  as  to  the  vanadium 
content  and  defects  of  the  castings,  a  decision  was  given  for  the 
plaintiff." 

It  is  evident  from  the  above,  and  from  numerous  other  instances, 
that  might  be  cited,  that  a  simple  name  is  rarely  a  sufficient  specifica- 
tion for  any  fundamental  element,  be  it  material  or  process ;  and  it  is 
therefore  necessary  to  prepare  a  specification  in  which  the  limiting 
qualifications  shall  be  given  which  will  assure  a  material  or  process 
fully  satisfactory  for  uses  and  purposes  for  which  it  is  to  be  used. 

§  183.  Unsatisfactory  Detailed  Specifications. — The  difficulties 
of  preparing  specifications  in  detail  for  any  material  is  illustrated  by 
the  recent  serious  trouble  with  "brass"  and  "bronze"  in  connection 
with  the  work  on  the  Catskill  aqueduct.  Iron  and  steel  when  exposed 
to  moisture  rapidly  corrode  and  working  parts  are  soon  destroyed  or 

'Eng.  News,  Vol.  74,  pp.  946-7. 


310  Specifications  for  Materials 

rendered  useless.  To  overcome  this  difficulty  manufacturers  of  ap- 
paratus and  material  which  are  exposed  to  such  conditions,  and  the  en- 
gineers who  use  such  apparatus  and  materials,  have  long  sought  an  in- 
corrodible material  of  moderate  price  and  of  sufficient  strength  to  with- 
stand these  conditions.  In  general,  alloys  of  copper  with  zinc,  tin, 
nickle,  aluminum,  etc.,  in  many  combinations  have  been  used  for  such 
purposes  to  a  greater  or  less  extent  for  many  years. 

There  has  probably  been  no  single  piece  of  engineering  construc- 
tion on  which  such  large  quantities  of  such  materials  have  been  used 
as  in  the  Catskill  aqueduct  where  the  total  has  amounted  to  nearly  three 
million  pounds.  This  consisted  of  castings  and  forgings,  the  former 
ranging  from  small  pieces  to  pieces  of  22,000  pounds,  while  the  forg- 
ings ranged  from  small  bolts,  to  stems  for  valves  and  sluice  gates  in 
some  cases  six  inches  in  diameter  and  over  thirty  feet  in  length.  The 
principal  specifications  issued  by  the  board  of  water  supply  and  cover- 
ing this  material,  are  as  follows : 

BRONZE   CASTINGS 

"All  bronze  castings  shall  be  made  of  new  metal,  shall  be  free  from  ob- 
jectionable imperfections  and  shall  conform  accurately  to  patterns.  When 
the  castings  are  being  machined,  if  the  metal  shows  signs  of  imperfect  mix- 
ing, they  shall  be  rejected.  Unless  otherwise  called  for  in  the  specifications, 
or  upon  the  drawings,  bronze  where  indicated  upon  the  drawings  shall  mean 
"manganese  bronze." 

MANGANESE  BRONZE 

".All  manganese  bronze  shall  be  equal  to  Spare's,  Parsons'  or  Hyde's  mang- 
anese bronze,  and  shall  have  a  tensile  strength  of  not  less  than  45  per  cent, 
of  the  ultimate  tensile  strength  and  an  elongation  of  not  less  than  25  per 
cent. 

BRASS  RIVET  ROD 

"Tensile  strength  of  brass  rivet  rods  shall  be  not  less  than  55,000  pounds 
per  square  inch.  The  elastic  limit  shall  be  not  less  than  30,000  pounds  per 
square  inch,  and  the  elongation  not  less  than  20  per  cent. 

STEMS 

"The  main  gate  stem  shall  be  of  manganese  bronze,  or  other  bronze  of 
approved  composition,  of  such  dimensions  that  when  placed  in  tension  under 
a  load  in  pounds  equal  to  the  area  of  the  valve  opening  in  square  inches  mul- 
tiplied by  125,  the  minimum  cross-section  of  the  stem  shall  have  a  resultant 
unit  stress  not  exceeding  two-thirds  the  elastic  limit  of  the  material  used. 
These  stems  shall  be  turned  straight  and  true  and  shall  have  all  threads  lathe- 
cut. 


Unsatisfactory  Specifications  311 

ROLLED  BRONZE 

"Whenever  the  term  "bronze"  is  used  in  these  specifications  in  a  general 
way,  or  on  the  drawings,  without  qualifications,  it  shall  mean  manganese  or 
vanadium  bronze,  or  monel  metal.  Whenever  the  characteristics  of  any  ma- 
terial are  not  particularly  specified,  such  material  shall  be  used  as  is  custo- 
mary in  first-class  work  of  the  nature  for  which  the  material  is  employed. 

"The  minimum  physical  properties  of  bronze  shall,  except  as  otherwise 
specified,  be  as  follows: 

CASTINGS 

Ultimate    tensile    strength 65,000  Ib.  per  sq.  Jn. 

Yield  point 32,000  Ib.  per  sq.  in. 

Elongation 25  per  cent. 

ROLLED  MATERIAL 

Ultimate  strength  72,000  Ib.  per  sq.  in. 

Yield  point  36,000  Ib.  per  sq.  in. 

Elongation   28  per  cent. 

ROLLED  MATERIAL,  THICKNESS  ABOVE  ONE  INCH 

Ultimate  strength 70,000  Ib.  per  sq.  in. 

Yield  point  35,000  Ib.  per  sq.  in. 

Elongation 28  per  cent. 

"After  being  forged  into  a  bar,  rolled  or  forged  bronze  shall  stand,  first 
hammering  hot  to  a  fine  point;  second,  bending  cold  through  an  angle  of  120 
degrees  to  a  radius  equal  to  the  thickness  of  the  bar." 

While  some  trouble  was  experienced  with  bronze  pipes  the  prin- 
cipal difficulties  were  due  to  defects  in  large  plates  and  in  bolts,  rods, 
side  bars  and  ladder  rungs.  Many  of  these  defects  developed  prior  to 
installation  where  the  material  had  been  in  storage  for  a  considerable 
time.  These  defects  consisted  of  cracks,  sometimes  very  fine  and  only 
superficial  while  others  were  open  and  penetrated  deeply  into  the  ma- 
terial. In  some  cases  such  defects  did  not  develop  for  two  or  three 
years  after  the  material  had  been  received  and  after  the  tests  had  indi- 
cated that  the  material  was  entirely  satisfactory.  Even  the  use  of  hot 
rolled  rods  and  of  thoroughly  annealed  cold  rolled  material  supposedly 
free  from  initial  stresses  was  not  universally  successful. 

"The  trouble  with  brass  or  bronze  experienced  on  the  Catskill 
aqueduct  may  be  classified  as  follows : 

"First :  Break  from  stresses— 

a.  Initial  stresses  due  to  methods  of  manufacture  of  the  fab- 

rication. 

b.  Applied  stresses  due  to  use. 

"Second :  Damage  by  wrong  heat  treatment  as  in  forging,  bending, 
flanging,  upsetting  and  annealing.  *  *  * 


312  Specifications  for  Materials 

"Seemingly  both  makers  and  users  have  misinterpreted  the  results 
of  the  usual  standard  laboratory  test  from  lack  of  knowledge  of  char- 
acteristics of  the  copper  alloys  not  revealed  by  tests.  *  *  * 

"As  these  investigations  have  proceeded,  it  has  become  evident 
that  the  engineers'  present  necessity  is  not  merely  an  explanation  of 
certain  failures  of  brass  but  a  fundamental  knowledge  of  the  physical 
characters  and  capacities  of  this  group  of  alloys,  knowledge  which  will 
be  a  safe  and  dependable  guide  in  their  manufacture  and  use."2 

The  difficulty  on  the  Catskill  aqueduct  has  raised  the  question  not 
only  of  proper  specifications  for  the  material  but  of  the  responsibility 
of  the  contractors  who  have  furnished  the  same.  Neither  of  these 
questions  has  been  settled  at  this  date. 

In  addition  to  the  specifications  above  given,  the  contract  further 
stipulates  that : 

"Inspection  of  the  work  shall  not  relieve  the  contractor  of  any  of  his  ob- 
ligations to  fulfill  his  contract  as  herein  prescribed,  and  defective  work  shall 
be  made  good  and  unsuitable  materials  may  be  rejected  notwithstanding  that 
such  work  and  materials  have  been  previously  overlooked  by  the  engineer  and 
accepted  or  estimated  for  payment.  If  the  work  or  any  part  thereof  shall  be 
found  defective  before  the  final  acceptance  of  the  whole  work,  the  contractor 
shall  forthwith  make  good  such  defects  in  a  manner  satisfactory  to  the  en- 
gineer." 

The  specifications  also  state  that : 

"He  shall  complete  the  entire  work  to  the  satisfaction  of  the  board  and 
in  accordance  with  the  specifications;" 
also 

"all  the  work,  labor  and  material  to  be  done  and  furnished  under  this  con- 
tract shall  be  done  and  furnished  strictly  pursuant  to  and  in  conformity  with 
the  attached  specifications  and  the  directions  of  the  engineer." 

To  what  extent  the  contractors  should  and  can  be  held  liable  under 
their  contract  for  defective  materials  furnished  which  were  carefully 
inspected,  tested  and  accepted  and  in  which  defects  were  developed  so 
long  after  their  manufacture  and  acceptance,  is  a  serious  and  impor- 
tant question  and  involves  in  th:s  instance  a  liability  for  a  very  large 
expense  which  must  be  sustained  either  fyy  the  city  or  by  the  contractor. 

Difficulties  with  similar  materials  have  been  experienced  in  connec- 
tion with  the  Minneapolis  filter  plant,  the  work  on  the  Panama  Canal, 
and  in  the  U.  S.  Navy.  It  is  quite  possible  that  many  of  the  difficulties 
which  have  occurred  in  the  use  of  this  material  have  been  due  to  com- 
mercial competition  rather  than  to  the  lack  of  knowledge  and  experi- 

2  Brass  in  Engineering  Construction  by  A.  D.  Flinn,  Deputy  Chief  Engi- 
neer, Board  of  Water  Supplies,  City  of  New  York.  -Proceedings  of  the  Mu- 
nicipal Engineers  of  the  City  of  New  York. 


Correct  Specifications  313 

cncc  among  manufacturers,  and  it  is  probable  that  the  best  manufac- 
turers shoti'd  be  ready  at  suitable  prices  to  fabricate  these  materials  to 
meet  all  reasonable  requirements  and  to  give  suitable  guarantees  to  this 
effect.  It  is  doubtful  however  if  such  results  can  be  obtained  in  open 
competition. 

§  184.  Basis  of  Correct  Specifications. — From  the  discussion  in 
the  two  previous  sections  it  is  evident  that  the  preparation  of  specifica- 
tions suitable  to  assure  proper  results  is  often  attended  with  great  diffi- 
culties and  much  uncertainty,  and  that  there  is  no  rule  universally  ap- 
plicable for  their  preparation.  In  the  actual  preparation  of  specifica- 
tions much  will  depend  on  the  conditions  under  which  they  are  to  be 
prepared.  If  the  quantities  involved  are  small  and  the  function  of  the 
material  unimportant,  the  preparation  of  an  elaborate  specification  even 
when  possible  is  hardly  desirable  as  materials  of  commercial  quality 
will  probably  be  entirely  satisfactory  and  either  the  risk  or  cost  of  re- 
placement is  not  large  and  may  readily  be  taken.  As  the  quantities  and 
importance  increase,  the  necessity  of  greater  care  to  secure  correct 
specifications  also  increases,  and  the  question  as  to  how  the  character  of 
the  work  or  material  can  be  controlled  and  the  desired  results  secured 
becomes  extremely  important. 

Every  material  has  certain  physical  and  chemical  properties  among 
which  may  be  some  or  all  the  following : 

Physical  Properties. — 

Size,  shape  and  dimension. 

Color,  transparency,  general  appearance  and  appearance  of 
fracture. 

Uniformity,  homogenity  and  absence  of  apparent  defects. 

Specific  gravity  or  relative  weight,  density  and  porosity. 

Properties  of  physical  combination  (as  alloys,  etc.). 

Physical  composition. 

Hardness  and  elasticity. 

Strength  (tension,  compression,  torsion  or  impact). 

Physical  conditions  under  manipulation  or  as  a  result  of  man- 
ufacture of  working  into  form  for  use.  (Finish,  defects, 
flaws,  structural  stresses,  etc.) 

Calorific  Qualities. — 

Melting  and  boiling  points. 
Specific  heat. 
Conductivity. 


314  Specifications  for  Materials 

Cubical  and  linear  expansion. 

Heating  value  (fuels). 
Electrical  Properties. — 

Specific  resistance. 

Relative  conductivity. 
Chemical  Properties. — 

Atomic  weight. 

Chemical  composition. 

Chemical  combination. 

Chemical  impurities. 

Corrodibility. 

Some  or  all  of  the  above  properties  may  in  some  forms  have  an 
important  effect  on  the  quality  of  the  material  needed  for  the  particular 
use  to  which  it  is  to  be  applied.  These  effects  however  are  not  always 
known  or  appreciated  although  certain  qualities  may  be  very  essential 
and  easily  determined,  while  others  are  approximately  understood  and 
may  be  correspondingly  helpful  in  the  selection.  These  properties  may 
be  determined  by  inspection  which,  however,  involves  judgment  and  ex- 
perience and  will  therefore  differ  in  results  with  the  individual,  and 
standard  tests  which  are  far  more  exact  \vhen  made  by  men  of  even 
limited  experience  but  who  are  familiar  with  various  physical  and 
chemical  manipulations  on  which  such  tests  are  based.  The  limitations 
of  these  qualities  by  specifications  are  useful  only  when  the  effect  of 
such  qualities  on  the  value  of  the  material  for  any  particular  case  is 
known,  and  where  such  value  is  unknown  other  methods  of  control  are 
necessary. 

In  the  preparation  of  specifications  for  all  materials  and  all  proc- 
esses, workmanship,  manufactured  articles,  machines  or  structures,  the 
control  of  the  desired  results  may  be  effected  in  one  or  more  of  the  fol- 
lowing ways,  which  are  however  more  or  less  directly  related,  namely : 

1.  By  composition  or  properties,  and  manipulation  or  workmanship. 

2.  By  inspection. 

3.  By  tests. 

4.  By  guarantees. 

5.  By  selecting  those  successfully  used  under  similar  conditions. 

6.  By  requiring  the  equivalent  of  a  selected  standard. 

§  185.  Composition  or  Properties  and  Manipulation  or  Work- 
manship.— It  is  frequently  the  case  that  a  specified  composition  of 
known  material  will  give  the  results  desired.  For  example  when  ce- 
ment is  furnished  a  contractor  and  satisfactory  qand  and  gravel  are 
available,  the  specifications  for  concrete  need  include  only  its  composi- 


Inspection  315 

tion  and  method  of  manipulation.  No  tests  are  usually  admissible  for 
the  results  of  the  tests  will  necessarily  be  controlled  by  the  composi- 
tion and  manipulation.  In  the  same  manner  machinery  bearings  may 
be  controlled  by  a  requirement  for  certain  definite  alloys  known  to  be 
satisfactory  for  similar  service,  and  a  certain  specified  grade  of  work- 
manship. In  both  cases  and  shape  and  dimensions  must  be  fixed  by 
the  design. 

§  186.  Inspection. — Where  considerable  experience  is  available 
it  has  commonly  been  ascertained  that  a  certain  appearance  or  the  pos- 
session of  certain  qualities  which  can  be  determined  by  inspection,  more 
or  less  clearly  indicate  the  suitability  of  the  material  for  the  require- 
ments of  a  particular  use.  Appearance,  finish  and  workmanship  must 
be  determined  in  this  way,  in  any  event,  although  the  character  of  finish 
and  of  workmanship  can  and  should  be  so  defined  as  to  indicate  whether 
ordinary  or  extraordinary  requirements  are  demanded. 

Uniformity,  homogenity  and  the  absence  of  apparent  defects  must 
all  be  determined  by  inspection.  Various  building  materials  such  as 
lumber,  brick,  stone,  etc.,  not  subject  to  great  stresses,  are  accepted  or 
rejected  on  inspection,  the  inspection  defining  their  general  character ; 
the  material  of  the  lumber  and  the  limitations,  of  its  imperfections  in 
accordance  with  commercial  standards,  the  general  character  of  the 
brick  and  the  extent  to  which  defects  will  be  admitted,  and  the  general 
character  and  size  of  the  stone. 

In  all  such  cases  the  inspector  needs  previous  experience  under  the 
direction  of  others  who  are  familiar  with  these  various  materials  and 
their  manipulation  in  practical  construction,  otherwise  he  may  admit 
unsatisfactory  workmanship  and  material  or  impose  undue  hardships 
on  the  contractor. 

§  187.  Tests. — When  a  detailed  knowledge  of  the  effect  of  vari- 
ous qualities  is  available,  the  control  of  work  and  material  by  means  of 
recognized  standard  tests  is  the  most  desirable.  In  such  cases  the  cur- 
rent knowledge  of  these  qualities  and  characteristics  may  be  insufficient 
to  permit  the  preparation  of  specifications  which  will  result  in  the  fur- 
nishing of  satisfactory  material,  as  in  the  case  of  the  brass  in  the  Cats- 
kill  aqueduct ;  but  the  best  knowledge  available  will  either  have  to  be 
used  and  the  risks  of  the  results  taken  unless  a  sufficient  investigation 
is  made  to  determine  the  real  qualifications  which  must  be  possessed  by 
the  material  in  order  to  render  it  satisfactory.  Investigations  of  this 
kind  are  inexpedient  unless  the  quantity  of  material  is  so  large  as  to 
warrant  the  expense  involved  and  the  time  during  which  the  material 


316  Specifications  for  Materials 

is  to  be  used  is  sufficiently  long  that  suitable  researches  can  be  made. 
Such  tests  are  constantly  being  made  in  the  laboratory  of  the  Pennsyl- 
vania Railroad  Company  at  Altoona,  Pa.,  and  in  the  laboratories  of 
various  large  manufacturing  companies  and  of  various  universities. 
Usually  however  extended  investigations  are  inexpedient  on  most  en- 
gineering works. 

In  general  the  various  qualities  required  must  be  susceptible  of 
some  method  of  determination,  test  or  measurement.  Certain  qualities 
for  example  may  be  determined  as  follows : 

Quantity  by  number,  weight  or  measurement. 

Strength  by  tension,  compression,  torsion  or  impact  tests. 

Composition  by  chemical  or  mechanical  analysis. 

Duty,  efficiency,  heat  value  and  power  consumption  by  tests. 

Resistance  to  conductivity,  as  in  the  case  of  electricity,  light,  heat, 
etc.,  by  specified  tests. 

§  188.  Guarantees. — It  is  evident  that  a  material,  machine  or 
structure  may  be  properly  controlled  after  its  quantity,  capacity  or  di- 
mensions have  been  satisfactorily  established,  by  a  suitable  guarantee 
from  the  manufacturer  or  contractor  that  he  will  replace  all  or  any  part 
or  portion  of  the  same  which  may  prove  defective  within  a  certain 
definite  period  or  fails  to  give  certain  results  and  without  other 
definite  requirement.  Guarantees  are  not  always  satisfactory  to  the 
purchaser  because  they  do  not  assure  satisfaction  where  failures  do  oc- 
cur, and  the  delay  and  expenses  of  replacement  are  such  that  it  many 
cases,  that  which  is  not  fully  satisfactory  will  be  accepted  rather  than 
undergo  the  annoyance,  delay  and  expense  of  having  to  remove  work 
which  has  been  done  and  again  replacing  it  with  possibly  little  better 
results.  Guarantees  to  be  of  value  must  be  carefully  drawn  and  must 
cover  all  contingencies  in  such  a  manner  as  to  protect  fully  the  pur- 
chaser and  yet  inflict  no  undue  hardship  on  the  manufacturer  or  con- 
tractor. It  is  evident  that  guarantees  which  will  cover  a  long  period 
of  use  are  difficult  and  expensive  to  secure  and  equally  difficult  to  en- 
force. The  manufacturer  hesitates  to  give  a  guarantee  for  a  consider- 
able period  of  time  because  of  the  trouble  and  expense  which  may  be 
involved  and  because  of  the  uncertainties  as  to  the  actual  treatment  of 
his  material,  apparatus  or  machine  in  connection  with  the  work  for 
which  it  is  to  be  furnished.  The  cause  of  failure  in  a  material  or  ma- 
chine which  has  failed  after  several  years'  use  is  often  doubtful. 
Is  the  failure  due  to  faulty  material  or  to  faulty  use?  The  facts  are 
difficult  to  determine  and  still  more  difficult  to  prove,  and  the  manufac- 
turer naturally  refuses  to  take  the  risk  unless  compensation  for  the 


Guarantees  317 

same  is  unduly  great  from  the  standpoint  of  the  user.  For  this  reason 
long  time  guarantees  are  as  a  rule  impracticable  to  secure,  although  in 
general  such  guarantees  will  be  made  for  a  period  covering  the  time  of 
inspection  tests  and  construction  as  in  the  Catskill  aqueduct  case  pre- 
viously cited.  Further  than  that  it  is  usually  inexpedient  to  go  and  the 
user  must  either  take  the  risk  or  pay  an  excessive  price. 

§  189.  Successful  Use.— In  many  cases  materials,  machinery, 
etc.,  may  be  selected  on  the  basis  of  satisfactory  results  of  actual  ex- 
perience under  similar  conditions  of  use.  In  such  cases  competition 
may  be  secured  by  including  the  products  of  several  different  manufac- 
turers who  are  known  to  furnish  satisfactory  goods.  In  such  cases  the 
letting  cannot  be  left  open  to  general  competition  on  the  basis  of  mini- 
mum price,  as  new  or  unknown  goods  may  be  proposed  concerning 
which  no  adequate  information  is  available.  No  better  method  for  the 
selection  of  many  articles  is  available  than  that  based  on  long  and  suc- 
cessful use  under  a  considerable  range  of  conditions.  It  is  important, 
however,  to  determine  that  the  conditions  of  use  are  comparative  and 
that  the  present  quality  of  the  material  or  article  as  now  offered  is  fully 
equal  to  that  on  which  the  experience  is  available. 

§  190.  By  Comparison  with  a  Stancfard. — Materials,  supplies 
and  manufactured  articles  and  the  results  of  fundamental  construction 
may  also  be  controlled  by  comparison  with  standards  more  or  less  defi- 
nite and  which  must  consist  of  similar  articles  known  to  be  satisfactory. 
The  comparison  with  such  standards  must  be  gaged  by  tests  or  inspec- 
tion. Take  for  example  the  hardware  fittings,  locks,  hinges,  etc.,  for 
the  doors  of  a  large  and  important  building.  These  will  seldom  be 
made  to  design  but  will  usually  be  selected  from  the  manufacturer's 
catalog.  They  may  vary  from  the  simple  work  done  by  local  black- 
smith to  the  artistic  bronze  production  of  the  highest  grade.  Under 
the  conditions  of  the  work  only  certa:n  limitations  are  possible. 
Hinges  may  be  required  of  certain  material  and  of  certain  dimensions ; 
to  some  extent,  finish  may  be  prescribed.  Even  these  must  be  kept 
within  the  limits  of  designs  actually  available  in  order  to  keep  the  ex- 
pense within  limits.  The  design,  unless  special  and  this  is  seldom  prac- 
ticable, must  be  selected  from  the  catalogs  of  manufacturers,  and  can 
be  specified  only  as  a  certain  design  of  a  certain  company,  or  the  equal 
thereof.  This  method  is  evidently  unsatisfactory  as  it  gives  a  great  ad- 
vantage to  a  single  manufacturer  whose  goods  are  thus  directly  stated 
to  be  satisfactory,  and  therefore  when  this  method  must  be  used,  as  it 
must  frequently  with  goods  similar  to  the  hardware  named  above,  two 


318  Specifications  for  Materials 

or  more  comparative  standards  from  different  manufacturers  should  be 
named,  if  practicable. 

In  general  when  the  preparation  of  specifications  for  special  or 
proprietary  articles  is  contemplated,  it  is  frequently  desirable  to  corre- 
spond directly  with  several  leading  manufacturers  and  ascertain  what 
specifications  they  will  meet  and  what  guarantees  they  will  agree  to  fur- 
nish. Without  such  correspondence,  the  preparation  of  specifications 
with  certain  definite  requirements  and  certain  fixed  guarantees  satisfac- 
tory to  the  purchaser,  is  apt  to  give  barren  results  through  the  refusal 
of  the  manufacturer  to  bid  under  the  conditions  named.  A  contract  is 
the  meeting  of  the  minds  of  the  two  parties  involved,  and  frequently 
bids  can  be  obtained  only  by  consultation  with  all  parties  interested. 

§  191.  Investigation  of  Materials. — In  preparing  specifications 
for  materials  or  other  fundamental  elements  of  construction,  the  engi- 
neer is  cautioned  against  the  unintelligent  copying  of  similar  specifica- 
tions prepared  by  others  for  possibly  quite  different  conditions. 

The  engineer  is  advised  when  preparing  such  specifications  to  in- 
vestigate thoroughly  and  in  detail  the  materials  or  other  elements 
which  are  to  be  used,  before  specifications  for  the  same  are  prepared. 
The  investigation  should  include  such  of  the  following  factors  as  may 
be  pertinent : 

1.  Occurrence. 

2.  Properties. 

3.  Use  or  application. 

4.  Processes  of  manufacture. 

5.  Manufacturers,  dealers,  etc. 

6.  Methods  of  use. 

7.  Current  prices. 

8.  Reference  to  sources  of  information. 
(See  "Notes  on  Aluminum"  sec.  193.) 

The  engineer  should  also  consider  and  determine  what  properties 
should  be  limited,  and  the  commercial  limitations  which  should  be  speci- 
fied. The  limitations  imposed  should  not  exceed  practicable  limits,  and 
should  be  only  those  reasonably  desirable  or  actually  essential  for  the 
purpose  in  view.  Such  information  is  often  contained  in  the  discus- 
sion of  technical  societies,  in  technical  journals,  in  reference  books  and 
special  treatises,  and  in  specifications  prepared  for  similar  purposes. 
On  unfamiliar  subjects,  such  limitations  should  usually  be  determined 
from  more  than  a  single  source, 


Investigation  of  Materials  319 

Not  all  of  the  qualities  or  characteristics  of  a  material  are  to  be 
described  in  the  specifications  but  only  such  as  may  so  vary  in  the 
commercial  product  as  to  render  the  material  unsuited  for  the  pur- 
pose for  which  it  is  to  be  used.  A  knowledge  of  such  limitation  is 
not  common  to  engineers  but  is  usually  possessed  only  by  those  who 
are  familiar  with  the  material  in  a  practical  way. 

The  qualities  of  materials  that  have  been  generally  adopted  for 
important  purposes,  have  commonly  been  determined  by  numerous 
tests  and  investigations  which  have  been  frequently  described  and 
discussed  before  the  technical  societies.  In  such  cases  the  engineer, 
although  unfamiliar  with  the  use  of  such  materials,  can  by  study  and 
investigation  ascertain  the  limiting  qualifications  which  should  be 
embodied  in  a  proper  specification. 

In  other  cases,  a  material  may  have  a  more  or  less  local  character 
or  may  be  in  the  process  of  change,  and  the  desirable  or  practical 
limiting  characteristics  may  be  more  difficult  to  determine  and  spe- 
cify. An  investigation  of  the  material,  inquiring  of  those  parties 
familiar  with  its  production  and  use,  will  usually  give  the  required 
information. 

It  is  in  general  undesirable  and  impracticable  uniformly  to  re- 
quire the  best  of  every  material,  for  such  specifications  will  involve 
great  and  unnecessary  expense.  The  material  should  have  the  quali- 
ties needed  for  the  place  and  under  the  circumstances  in  which  it  is  to 
be  used,  no  greater  or  no  less.  A  greater  requirement  involves  useless 
expense ;  a  less  requirement  involves  improper  materials. 

After  the  investigation  is  completed,  an  outline  should  be  prepared 
of  the  special  requirements  necessary  for  the  specific  uses  for  which 
the  material  or  element  is  needed  (see  Sections  194  and  199),  after 
which  the  specifications  can  then  be  prepared. 

In  the  preparation  of  such  specifications,  it  is  equally  important : 

First:  To  include  all  requirements  of  quality  or  workmanship 
needed  to  secure  the  results  desired,  and 

Second:  To  omit  any  unnecessary  requirements  or  restrictions, 
either  of  quality  or  workmanship,  in  order  to  avoid  unnecessary  ex- 
pense. 

The  system,  if  carefully  carried  out,  will  result  in  the  thoughtful 
consideration  and  preparation  of  specifications,  which  is  essential  for 
the  best  results,  and  will  eliminate  the  thoughtless  copying  of  errone- 
ous specifications.  When  a  set  of  specifications  has  once  been  pre- 
pared in  this  way,  the  notes  should  be  retained  for  future  reference 
and  can  occasionally  be  brought  up  to  date.  It  will  not  be  necessary  to 


320  Specifications  for  Materials 

repeat  this  process  with  each  rewriting  of  similar  specifications ;  and 
after  wide  experience  with  certain  materials  or  elements,  even  refer- 
ence to  the  notes  may  become  unnecessary.  The  same  system  can, 
however,  be  used  to  advantage  whenever  the  practicing  engineer  is 
called  upon  to  prepare  specifications  for  material  or  elements  of  con- 
struction, concerning  which  his  experience  is  limited. 

§  192.  Conclusions  of  Dr.  Dudley. — Dr.  Chas.  B.  Dudley,  in  his 
Presidential  address  tp  the  American  Society  for  Testing  Materials,  at 
its  annual  meeting  in  1903,  summarizes  his  conclusions  in  regard  to 
the  making  of  specifications  for  materials  as  follows : 

1.  "A  specification  for  material  should  contain  the  fewest  possible  re- 
strictions, consistent  with  obtaining  the  material  desired. 

2.  "The  service  which  the  material  is  to  perform,   in  connection  with 
reasonably   feasible  possibilities   in   its   manufacture,   should   determine   the 
limitations  of  a  specification. 

3.  "All  parties  whose  interests  are  affected  by  a  specification  should  have 
a  voice  in  its  preparation. 

4.  "The  one  who  finally  puts  the  wording  of  the  specification  into  shape, 
should  avoid  making  it  a  place  to  show  how  much  he  knows,  as  well  as  a 
mental  attitude  of  favor  or  antagonism  to  any  of  the  parties  affected  by  it. 

5.  "Excessively  severe  limitations  in  a  specification  are  suicidal.     They 
lead  to  constant  demands  for  concessions,  which  must  be  made  if  the  work 
is  to  be  kept  going,  or  to  more  or  less  successful  efforts  of  evasion.     Better 
a   few  moderate   requirements   rigidly   enforced,   than   a   mass    of   excessive 
limitations,  which  are  difficult  of  enforcement,  and  which  lead  to  constant 
friction  and  sometimes  to  deception. 

6.  "There    is    no    real    reason    why    a    specification    should    not    contain 
limitations  derived  from  any  source  of  knowledge.     If  the  limitations  shown 
by  physical  test  are  sufficient  to  define  the  necessary  qualities  of  the  ma- 
terial, and  this  test  is  simplest  and  most  easily  made,  the  specifications  may 
reasonably  be  confined  to  this.     If  a  chemical  analysis  or  a  microscopic  ex- 
amination, or  a  statement  of  the  method  of  manufacture,   or   information 
from  all  four,  or  even  other  sources,  are  found  useful  or  valuable  in  defining 
limitations,  or  in  deciding  upon  the  quality  of  material  furnished,  there  is 
no  legitimate  reason  why  such  information  should  not  appear  in  the  specifi- 
cations.    Neither  the  producer  nor  the  consumer  has  a  right  to  arrogate  to 
himself  the  exclusive  right  to  use  information  from  any  source. 

7.  "Proprietary    articles    and    commercial    products    made    by    processes 
under  the  control  of  the  manufacturer  cannot,  from  the  nature  of  the  case, 
be  made  the  subject  .of  specifications.     The  very  idea  of  a  specification  in- 
volves the  existence  of  a  mass  of  common  knowledge  in  regard  to  any  ma- 
terial, which  knowledge  is  more  or  less  available  to  both  producer  and  con- 
sumer.    If  the  manufacturer  or  producer  has  opportunities,  which  are  not 
available  to  the  consumer,  of  knowing  how  the  variation  of  certain  constitu 
ents  in  his  product  will  affect  that  product   during  manufacture,   so   alsG 
does  the  consumer,  if  he  is  philosophic  and  is  a  student,  have  opportunities 
not  available  to  the  producer,  of  knowing  how  the  same  variation  of  con- 


Conclusions  of  Dr.  Dudley  321 

stituents  in  the  product  will  affect  that  product  in  service,  and  it  is  only  by 
the  two  working  together,  and  combining  the  special  knowledge  which  each 
has,  that  a  really  valuable  specification  can  be  made. 

8.  "A   complete   workable   specification   should   contain   the   information 
needed  by  all  those  who  must  necessarily  use  it,  in  obtaining  the  material 
desired.     On  railroads  this  may  involve  the  purchasing  agent,   the  manu- 
facturer, the  inspector,  the  engineer  of  tests,  the  chemist,  and  those  who  use 
the  material.     A  general  specification  may  be  limited  to  describing  the  prop- 
erties of  the  material,  the  method  of  sampling,  the  amount  covered  by  one 
sample,  and  such  descriptions  of  the  tests  as  will  prevent  doubt  or  ambiguity. 

9.  "Where  methods  of  testing  or  analysis  or  inspection  are  well  known 
and  understood   it  is  sufficient  if  the  specification   simply  refers   to   them. 
Where  new  or  unusual  tests  are  required,   or  where   different  well-known 
methods  give  different  results,  it  is  essential  to  embody  in  the  specification, 
sufficient  description  to  prevent  doubt  or  ambiguity. 

10.  "The  sample  for  test  representing  a  shipment   of  material   should 
always  be  taken  at  random  by  a  representative  of  the  consumer. 

11.  "The  amount  of  material  represented  by  one  sample  can  best  be  de- 
cided by  the  nature  of  the  material,  its  importance,  and  its  probable  uni- 
formity, as  affected  by  its  method  of  manufacture.     No  universal  rule  can 
be  given. 

12.  "The  purchaser  has  a  right  to  assume  that  every  bit  of  the  material 
making  up  a  shipment,  meets  the  requirements  of  the  specification,  since 
that  is  what  he  contracted  for  and  expects  to  pay  for.     It  should  make  very 
little   difference,   therefore,   what  part   of  the   shipment   the   sample  comes 
from,  or  how  it  is  taken.     Average  samples  made  up  of  a  number  of  sub- 
samples,  are  only  excusable  when  the  limits  of  the  specification  are  so  nar- 
row that  they  do  not  cover  the  ordinary  irregularities  of  good  practice  in 
manufacture. 

13.  "Retests  of  material  that  has  once  failed  should  only  be  asked  for 
under   extraordinary  conditions,   and  should  be  granted   even   more  rarely 
than  they  are  asked  for,  errors  in  the  tests  of  course  excepted. 

14.  "Simple  fairness  requires  that  when  it  is  desired  that  material  once 
fairly  rejected  should  nevertheless  be  used,  some  concession  in  price  should 
be  made. 

15.  "Where  commercial  transactions  are  between  honorable  people,  there 
is  no  real  necessity  for  marking  rejected  material,  to  prevent  its  being  of- 
fered a  second  time.     If  it  has  failed  once,  it  will  probably  fail  a  second 
time,  and  if  return  freight  is  rigidly  collected  on  returned  shipments  the 
risk  of  loss  is  greater  than  most  shippers  will  care  to  incur.     Moreover,  it  is 
so  easy  for  the  consumer  to  put  an  inconspicuous  private  mark  on  rejected 
material,  that  it  is  believed  few  will  care  to  incur  the  probable  loss  of  busi- 
ness that  will  result  from  the  detection  of  an  effort  to  dispose  of  a  rejected 
shipment  by  offering  it  a  second  time. 

16.  "All  specifications  in  actual  practical  daily  use  need  revision  from 
time  to  time,  as  new  information  is  obtained,  due  to  progress  in  knowledge, 
changes  in  methods  of  manufacture,  and  changes  in  the  use  of  materials. 
,A  new  specification,   that  is  one  for  a  material   which  has   hitherto   been 


322         Specifications  for  Materials  and  Supplies 

bought  on  the  reputation  of  the  makers  and  without  any  examination  as  to 
quality,  will  be  fortunate  if  it  does  not  require  revision  in  from  six  to  ten 
months,  after  it  is  first  issued. 

17.  "In  the  enforcement  of  specifications,  it  is  undoubtedly  a  breach  of 
contract  legitimately  leading  to  a  rejection,  if  the  specified  tests  give  results 
not  wholly  within  the  limits,  and  this  is  especially  true  if  the  limits  are  rea- 
sonably wide.     But  it  must  be  remembered  that  no  tests  give  the  absolute 
truth,  and  where  the  results  are  near,  but  just  outside  the  limit,  the  material 
may  actually  be  all  right.     It  seems  to  us  better,  therefore,  to  allow  a  small 
margin  from  the  actual  published  limit,  equal  to  the  probable  limit  of  error 
in  the  method  of  testing  employed,  and  allow  for  this  margin  in  the  original 
limits,  when  the  specifications  are  drawn. 

18.  "Many  producers  object  to  specifications  on   the  ground   that  they 
are  annoying  and  harassing,  and  really  serve  no  good  purpose.      It  is  to  be 
feared  that  the  complaint  is  just,   in   the   cases   of  many  unwisely   drawn 
specifications.     But  it  should  be  remembered  that  a  good  reasonable  specifi 
cation,  carefully  worked  out,  as  the  result  of  the  combined  effort  of  both 
producer  and  consumer,  and  which  is  rigidly  enforced,  is  the  best  possible 
protection  which  the  honest  manufacturer  can  have  against  unfair  competi- 
tion. 

19.  "Many  consumers  fear  the  effect  of  specifications  on  prices.     Experi- 
ence seems  to  indicate  that  after  a  specification  has  passed  what  may  be  called 
the  experimental  stage,  and  is  working  smoothly,  prices  show  a  strong  tend- 
ency to  drop  below  figures  prevailing  before  the  specifications  were  issued. 

20.  "A  complete  workable  specification   for  material  represents  a  very 
high  order  of  work.     It  should  combine  within  itself  the  harmonized  antago- 
nistic interests  of  both  the  producer  and  the  consumer,  it  should  have  the 
fewest  possible  requirements  consistent  with  securing  satisfactory  material 
should  be  so  comprehensive  as  to  leave  no  chance  for  ambiguity  or  doubt, 
and  above  all  should  embody  within  itself  the  results  of  the  latest  and  best 
studies  of  the  properties  of  the  material  which  it  covers." 

§  193.  Example  of  Investigation. 

NOTES  ON  ALUMINUM— SYMBOL  AL. 

Nature — Metal — 

Occurrence — Alumina,  AloO3,  gives  the  characteristic  qualities  to  Argillaceous 
rock  formation  of  which  the  slates  and  shale  are  familiar  examples. 

Hardness  (Mohr's),  3. 
Physical  Properties — 

Specific  gravity— a.  Cast,  2.55. 

b.  Wire  (conductors),  2.68. 

c.  Rolled,  2.75. 

Relative  specific  gravity  (compared  with  copper)  wire,  0.30. 

Atomic  weight,  27.1. 

Melting  point,  1157°  F.  commercial  wire. 

Melting  point,  1150°  F.  pure  aluminum. 

Specific  heat  mean  (0  to  100°  C.),  0.22. 

Thermal  conductivity  mean  (0  to  100°  C.),  0.48. 

Coefficient  of  cubical  expansion  (0  to  100°  C.),  .00007. 


Example  of  Investigation  323 

Coefficient  of  linear  expansion  per  deg.  F.,  .0000127  wire. 
Coefficient  of  linear  expansion  per  deg.  C.,  .0000231  wjre. 
Pure  cast  aluminum  tensile  strength  about  18,000#  /sq.  in. 
Tensile  strength  (wire),  20,000  to  35,000#/sq.  in. 
Elastic  limit — One-half  ultimate  strength. 
Modulus  of  elasticity,  7,500,000#/sq.  in. 
Electrical  Properties — 
Specific  Resistance,  0°  C. 

In  microhmes  per  cm.  cube,  2.6  to  3.0. 
In  ohms  per  mil-foot,  15.6  to  18.0. 
Temperature  coefficient  per  deg.  C.,  0.36  per  cent. 
Relative  conductivity  (copper  =  100)  ,62. 

Relative  conductivity  for  equal  size  copper  (soft  copper  —  1),  .61  to  .63. 
Relative  weight  for  equal  size  of  copper  (soft  copper  =  1),  0.33. 
Relative  weight  for  equal  length  and  resistance  of  copper  (soft  copper  =  1), 

0.48. 
Notes  on  Properties — 

Aluminum  is  a  white  malleable  metal  of  low  specific  gravity.  On  ac- 
count of  its  softness,  it  is  for  many  purposes  alloyed  with  iron,  copper, 
tin  or  zinc.  Its  common  impurities  are  silicon  and  iron.  Under  ordi- 
nary conditions  aluminum  may  be  considered  as  quite  non-corrodible. 
It  is  affected,  however,  in  the  oxides  of  some  atmospheres,  namely, 
near  salt  water  or  where  the  air  contains  oxides  of  sulphur.  Hydro- 
chloric acid  is  the  best  solvent,  and  strong  solutions  of  caustic  alka- 
lies readily  dissolve  it. 
Uses — 

Aluminum  has  large  application   for  electrical  conductors  where   insu- 
lated conductors  are  unnecessary.      The  increase  in  cost  of  insulating 
the  larger  aluminum  wire,  together  with  the  difficulty  in  making  sol- 
dered connections,  has  prevented  its  wide  use  as  insulated  conductors. 
Owing  to  the  greater  coefficient  of  expansion  over  that  of  copper,  the 
sag  allowed  in  stringing  aluminum  wire  must  be  greater  than  that 
used  in  copper  wire  lines.     It  is  common  to  make  aluminum  transmis- 
sion lines  of  cable  formed  of  aluminum  wires,  around  a  core  of  high 
elastic  limit  steel,  in  order  to  do  away  with  the  excessive  sag. 
In  making  castings  under  ordinary  conditions,  a  shrinkage  of  3/16  inch 

per  foot  should  be  allowed. 

(Aluminum  is  very  "hot  short"  just  before  solidifying  in  the  mould. 
Alloys — Aluminum  can  be  hardened  and  strengthened  by  a  small  quan- 
tity of  copper.     About  3%  of  copper  doubles  the  tensile  strength  and 
increases  the  specific  gravity  from   2.67  to  2.85.     Rolled  bronze  bars 
made  up  of  90%  copper  and  10%  aluminum  have  tensile  strength  of 
100,000#  per  square  inch,  elastic  limit  of  60,000  #  per  square  inch  and 
elongation  of  10%. 
Thermit  Process  of  Welding — 

This  process  depends  upon  the  affinity  existing  between  finely  divided 
aluminum  and  oxygen.  When  an  intimate  mixture  of  aluminum  and 
iron  oxide  is  ignited,  the  temperature  raises  to  about  5400°,  and  white 
hot  fused  iron  results.  The  chemical  reaction  of  this  process  is 
2  Al  +  Fe  p.  =  Al  ,0  -f  2  Fe. 


324         Specifications  for  Materials  and  Supplies 

Aluminum  is  used  in  steel  manufacture  to  prevent  the  retention  of  gases 

within  the  steel,  and  thus  produce  a  solid  ingot.     It  also  increases  the 

fluidity  of  steel  and  thus  tends  to  produce  sharper  castings. 
Manufactured  by  The  Aluminum  Company  of  America,  Pittsburg,  Pa. 
Current  Prices — 

Cable  No.   0— in  large  quantities— (Dec.   1913)    Steel  Core.— 144. 7#   per 

1,000  ft.  6  strands  #1,327  B  &  S.  gauge,  18  cents  per  Ib. 
Tie  wire — No.  2,  in  small  quantities    (1912),  25  cents  per  Ib. 
Aluminum  tubing — iron  pipe  sizes  (Jan.  9,  1914) : 

%"  diameter,  58  cents  per  Ib. 

y±"  diameter,  54  cents  per  Ib. 

%"  diameter,  48  cents  per  Ib. 

%"  diameter,  48  cents  per  Ib. 

%"  diameter,  46  cents  per  Ib. 
1"  diameter,  45  cents  per  Ib. 
Price  of  tubing  varies  greatly  with  gauge — 

Tubing  y±"  outside  diam.  #18  Stubs  gauge,  $1.09  per  Ib. 

Tubing  yA"  outside  diam.   #25  Stub's  gauge,  $2.29  per  Ib. 

Tubing  I"  outside  diam.  #18  Stub's  gauge,  49  cents  per  Ib. 

Tubing  1"  outside  diam.  #25  Stub's  guage,  $1.09  per  Ib. 
Aluminum  castings  (Jan.,  1912)  — 

Transmission  line  saddles,  wt.  2%  oz.  each,  50  cents  per  Ib. 

Transmission  line  saddles,  wt.  .6  oz.  each  @  3.2  cents  each,  86  cents 

per  Ib. 
Rolled  plate  (Jan.,  1913)  for  use  in  clamps  on  transmission  cable,  sheared 

and  bent  sleeves,  1%  oz.  each  @  5  cents  each,  45  cents. 

REFERENCES. 

Am.  Civil  Engrs.'  Pocket  Book. 

Aluminum  for  Electrical  Conductors   (Handbooks  of  the  Aluminum  Co. 
of  America,  Pittsburg,  Pa.). 

Handbook  of  Standard  Underground  Cable  Co.,  Pittsburg,  Pa. 

Inspectors'  Pocket  Book.     Byrne. 

Coal  Miner's  Pocketbook,  McGraw-Hill  Book  Co. 

Kent's  Mechanical  Engineers'  Pocket  Book. 

Year  Book,  American  Soc.  Testing  Materials,  1910. 

§  194.  Outline  of  Specifications  for  Aluminum  Wire. 

Material. 

Surface  conditions. 

Package  sizes. 

Protection  in  handling. 

Method  of  calculating  weights,  etc. 

Sizes  and  variations  allowable. 

Strength. 

Electrical  conductivity. 


Fundamental  Materials  325 

§  195.  Specifications  for  Aluminum  Wire. 

(After  Am.  Soc.  Test.  Materials.      Year  Book  1910,  p.  98). 

1.  The  material  shall  be  aluminum  of  such  quality  that  it  shall 
have  the  properties  and  characteristics  here  specified. 

2.  The  wire  shall  be  free  from  all  surface  imperfections  not  con- 
sistent with  the  best  commercial  practice. 

3.  Package  sizes  for  round  wire  and  cables  shall  be  agreed  upon 
in  placing  individual  orders. 

4.  The  wire  shall  be  protected  against  damage  in  ordinary  hand- 
ling and  shipping. 

5.  For  the  purpose  of  calculating  weights,  cross  sections,  etc.,  the 
specific  gravity  shall  be  taken  at  2.68. 

6.  The  size  shall  be  expressed  as  the  diameter  in  decimals  of  an 
inch.     Permissible  variations  from  the  nominal  diameter  shall  be: 

(a)  For  wire,  .10  inches  in  diam.  and  larger,  i  per  cent  either 
way. 

(b)  For  wire  smaller  than  .10  in.  i  mil.  either  way. 

7.  The  wire  shall  be  drawn  so  that  the  tensile  strength  will  not 
be  less  than  2o,ooo#  per  sq.  in.,  the  elastic  limit  not  less  than  50  per 
cent  of  the  ultimate  strength,  and  the  percentage  of  reduction  in  area 
of  50. 

8.  Electrical  conductivity  shall  be  determined  upon   fair  sample 
by  measurements  of  resistance,  and  the  resistance  shall  not  exceed 
18.0  ohms  per  mil.-foot  at  O°C. 

§  196.  Assignment  on  Fundamental  Material  and  Supplies. 

The  student  should  select  one  or  more  of  the  following  subjects, 
and  first :  Investigate  the  subject  in  considerable  detail  and  prepare  a 
report  on  the  same.  (See  sec.  193)  ;  second:  Outline  the  practicable 
limitations  as  to  the  qualities  and  such  other  requirements  as  should  be 
included  in  a  specification  for  the  material  for  the  use  to  which  it  is  to 
be  applied.  (See  sec.  194)  ;  and  third:  Prepare  or  select  specifications 
which  will  form  the  basis  for  an  intelligent  bid  and  contract  for  such 
material.  (See  sec.  195.) 

For  looking  up  these  various  subjects  references  are  given  at  the 
end  of  the  Chapter  and  in  the  Bibliography  at  the  end  of  the  volume. 

This  list  of  materials  is  by  no  means  complete,  and  other  similar  sub- 
jects having  a  local  importance  can  often  be  substituted  to  advantage. 

So  far  as  possible  the  use  for  which  a  material  is  suggested  to  be  ap- 
plied is  placed  opposite  the  "kind"  of  material.  In  many  cases,  however,  the 
various  "kinds  of  material  mentioned  can  be  applied  to  several  or  all  of  the 
various  uses  suggested. 


326         Specifications  for  Materials  and  Supplies 

It  will  usually  be  desirable  to  specify  more  definitely  the  exact  use  for 
which  the  material  is  desired.  In  doing  this  the  specification  should  be  given 
a  local  significance  by  making  it  apply  to  some  local  use,  the  conditions  of 
which  can  be  investigated  and  considered  by  the  student. 

Material 
or  Supplies  Kind  For 

Asphalt    Paving,  Water  Proofing  or  Roofing 

Asbestos   Wool      or      Cellular  I 

Paper    Pipe  Covering 

Paper   Sheets  for  fire   protection 

Compressed Shingles 

Board    Insulating    Barriers    or    Wire    Cover- 

,       ing 

Babbitt  Metal    Machine  Bearings 

Belts   Cotton     Leather     or 

Rubber Power  Transmission 

Brass   Castings    Machine  Bearings  &  Valve  Bodies 

Wire    Spring 

Sheet  Gateways  Guides  and  Bearings 

Pipe Railing  and  condenser  tubes 

Rods    Lightning  arrester  horn  gaps 

Brick    Common   Building,    Boiler    Setting    or    Founda- 
tions 

Sewers,  Manholes  or  Catchbasins 
Face   or   Pressed    . .   Building  Fronts 
Dry  Pressed  or  Re- 
pressed     Building  Fronts 

Fire   Boiler  Setting 

Sand  Lime    Buildings 

Paving    Street  Paving 

Radial Arches  in  Buildings 

Enameled Interior  Walls  of  Buildings 

Bronze    Aluminum Condenser  Plates 

Bolts  below  Tide  Water 
Small  Castings 

Manganese    Propeller  Blades 

Phosphor Pinions    Machine    Bearings    or    Main 

Shafting 
Bolts    and    Nuts    in    Water    Cylinders 

Tobin Condenser    Plates    or    Hull    Plate    for 

Ships 

I   Shafting   for    Ships    or    Deck    Fittings 
f  Bolts 

Brush   Willow   Mattresses,      and    other    river    revet- 
ment work 

Carborundum    .  .  .  Abrasive    Emery   WTheels    or   Emery   Powder 

Carbon   Arc  Lights  or  Batteries 

Rheostats  or  Commutator  Brushes 

Cement,  Portland   Concrete  or  Mortar 

Coal    Fuel  for  Heat  or  for  Boiler 

Gas  Manufacture  or  Producer  Gas 

Clay    Laying  Fire  Brick  or  Puddle 

Clay  Goods Sewer  Pipe For  Sewers 

Drain  Tile For  Farm  Drainage 

Terra   Cotta    Ornaments  of  Buildings 

Fire  Proofing Columns    in    Buildings    or    Floors    in 

Buildings 

Copper   Castings    Switches 

Wire    Electric  Transmission 

Sheet   Roofs 

Pipe    Stills 

Cork    Friction    Clutches   or   Heat    insulation 

Life  Preservers  or  Carpets 

Flagstones    Walks,  Curbs  or  Gutters 

Glass    Rolled  Plate Windows 

Wire    Fire  Proof  Windows 

Common    .  .  Windows  or  Insulators 


Fundamental  Materials  327 

• 

Material 
or  Supplies  Kind  For 

(Jr.-iphite    Lubricant  or  Crucibles 

Commutator  Brushes  or  Rheostats 

Gravel   Roofing,     Roads,     Concrete     or    Filter 

Drains 

Gas    Water,     Coal,     Pro- 
ducer   or    Natural  Power,  Fuel  or  Light 

Gasoline    Power  or  Fuel  , 

Hose   Cotton  or  Rubber   .   Fire  Protection 

Iron Malleable Castings  , 

Cast   Castings,  Pipes,  Machinery 

Corrugated   Roofs  or  Walls 

Galvanized    Roofs,  Tanks  or  Towers 

Wrought    Pipes,     Structural    Shapes    or    Boiler 

Plate 
Lead    Castings    Window  Weights 

Drawn    Pipe 

Pig Pipe   Joints 

Sheet   Lining   Tanks 

Wool Pipe  Joints 

Leather    Belts,  Belt  Lacings  or  Harness 

Limestone    Lime,    Calcium    Carbide    or   Buildings 

Lime Plaster  or  Mortar 

Linseed  Oil Paint  Vehicle 

Marble   Buildings,  Floors  or  Stairways 

Wainscoting  or  Switchboards 

Oil    Crude    Roads,   Concrete   or   Timber  Preserv- 
ation 

Fuel Locomotive  or  Boiler 

Light Kerosene 

Lubricant Cylinder 

Paint  Vehicle Linseed 

Insulating   Transformers  or  Oil  Switches 

Packing Hemp    Steam  Valve  Stems 

Cotton    Water  Valve  Stems 

Rubber Pump  Piston  Rings 

Composition    Engine  Piston  Rings 

Leather    Pumps 

Metal    Pipe  Joints 

Plaster Building  outside  or  inside 

Pumice  Stone Polishing 

Rope   Manila    Power  Transmission 

Hemp    Hoisting  Cable 

Wire   Derrick  Guys 

Red  Lead    Cement  or  Painting 

Rubber Belting,     Insulation     or     Matting     in 

Power  House 
Valves  or  Packing 

Sand Concrete,  Mortar  or  Filter 

Plastering  or   Moulding 

Sandstone    Curbing  or  Building 

Stone   Rubble    Riprap,    Concrete 

|  Backing  for  masonry  or  Foundations, 
light  buildings 

Squared Sidewalks,   Gutters   or   Curbing 

Street  Paving  or  Bridge  Masonry 
Foundations — heavy   buildings 

Cut  Stone   Building  Walls 

Rough  Pointed    ....  Foundations — very  heavy 

Fine  Pointed   Bridge  Masonry 

Crandalled    

Cross-Crandalled   . .   Arch  Masonry 

Tooth-axed Door  Sills 

Bush  Hammered    . .   Steps 

Rubbed    Aqueducts 

Slate    Roofing,  Floors  or  Blackboards 

Switchboards   or   Barriers 


328         Specifications  for  Materials  and  Supplies 

Material 
or  Supplies  Kind 

Steel  1 1 . .  Fire  Box   Locomotive   Fire   Boxes 

Boiler   Boilers 

Flange    Boiler   Heads 

Ship   Hull  Plates 

Tank Tanks 

Rivet Rivets 

Nickel     Solid      and      Hollow      Forgings      for 

heavy   shaftings 

Structural     ".ridge  or  Roofs 

Rails  Railroads 

Reinforcing  Bars   . .   Concrete  Work 

Pipe Steam  Pipes 

Castings    Gears 

Timber ^  >ouglas  Fir   "ridge  Timbers  or  Trestle 

Southern  Pine Cribs 

Hemlock    Sheeting 

Oak   "ence  Posts  or  Railroad  Ties 

Cedar    "ransmission        Poles        or        Paving 

:      Blocks 

Tamarack   : .   Piles 

White  Pine 'nside  Finishing 

Maple   Flooring 

Frames,  Joists,  Rafters  or  Studding 
Fheeting   or   Shingles 
1  Clapboards  or  Shiplap 

Tile    Vitrified ^oofing 

Fire  Proof Walls 

Book   Roof 

Floors   or   Building   Blocks 
Chimney   Blocks   or   Chimney   Tile 

Glazed    Ornamental 

Tin  Plate    'loofing 

Turpentine   Paint  and   Varnish    Solvrnt 

Wire    Hard     Drawn     Cop- 
per      Electric  Distribution 

Soft   Drawn   Cooper  Interior  Electric   Wiring 

Insulated 

Weather  Proof   

C  o  p  p  e  r     Covered 

Steel    Ground  Wire 

Iron ^elephone 

Steel    Telegraph 

Barbed   ^ences 

Meshed r?emforcing     Mesh     for     Concrete     or 

Fences 

Wrought  Iron   structural,    Pipes    or   Boiler   Plate 

Zinc    Sheet    Vining  Tanks 

BIBLIOGRAPHY  OF  MATERIALS. 

See  "Engineering  Index"  and  files  of  various  technical  societies  listed 
therein.  See  also: 

Mechanical  Engineer's  Pocketbook — Kent.     John  Wiley  &  Sons. 

American  Civil  Engineer's  Pocketboo'k.     John  Wiley  &  Sons. 

Civil  Engineer's  Pocket  Book— Frye.     D.  Van  Nostrand  Co. 

Inspector's  (Pocket  Book — Byrne.     John  Wiley  &  Sons. 

Architect's  and  Builder's  Pocket  Book — Kidder.     John  Wiley  &  Sons. 

Civil  Engineer's  Pocket  Book— Trautwine.     John  Wiley  &  Sons. 

Johnson's  Materials  of  Consrtuction,  Fifth  Edition  Rewritten — Withey 
and  Aston.  John  Wiley  &  Sons. 

Notes  on  Building  Construction,  Part  III.  Materials.  Riverton's,  London, 
1889. 


Bibliography  of  Materials  329 


Building  Construction  and  Superintendence — F.  E.  Kidder.  Wm.  F.  Corn- 
stock  &  Co.,  New  York. 

Materials  of  Engineering  (in  3  parts)— Prof.  Robt.  H.  Thurston.  John 
Wiley  &  Sons. 

Strength  of  Materials — H.  E.  Murdock.     John  Wiley  &  Sons. 

Materials  of  Construction— Prof.  G.  B.  Upton.     John  Wiley  &  Sons. 

Materials  of  Engineering — Prof.  Wm.  H.  Burr.     John  Wiley  &  Sons. 

Materials  of  Construction — A.  P.  Mills.     John  Wiley  &  Sons. 

The  Principal  Species  of  Wood— C.  H.  Snow.      John  Wiley  &  Sons,  1903. 

Mechanical  Properties  of  Wood — S.  J.  Record.     John  Wiley  &  Sons,  1915. 

Report  on  Compressive  Strength,  Specific  Gravity,  and  Ratio  of  Absorp- 
tion of  Building  Stones  in  United  States  to  Chief  of  Engineers,  U.  S.  Army. 
By  Q.  A.  Gilmore.  D.  Van  Nostrand  Co.,  1876. 

Treatise  on  Masonry  Construction — Prof.  I.  O.  Baker.  John  Wiley  & 
Sons. 

Masonry — M.  A.  Howe.     John  Wiley  &  Sons,  1915. 

Stones  for  Building  and  Decoration — Geo.  P.  Merrill.  John  Wiley  &  Sons, 
1891. 

Government  and  State  Geological  Survey  Bulletins  on  Clays,  Building 
Stones,  etc. 

Steel,  A  Manual  for  Steel  Users — Wm.  Metcalf.     John  Wiley  &  Sons,  1896. 

Cast  Iron,  A  Record  of  Original  Research— Wm.  J.  Keep.  John  Wiley  & 
Sons,  1903. 

Reports  of  Tests  of  Metals  and  Other  Materials  for  Industrial  Purposes. 
U.  S.  Testing  Machine  at  Watertown  Arsenal,  Mass. 

Materials  of  Machines— A.  W.  Smith.     John  Wiley  &  Sons,  1915. 


CHAPTER  XVIII 
SPECIFICATIONS  FOR  FUNDAMENTAL  PROCESSES 

§  197.  Fundamental  Processes. — The  fundamental  processes  of 
construction  work  should  be  investigated  in  very  much  the  same 
manner  as  materials  and  supplies.  The  preparation  of  specifica- 
tions for  these  processes  if  carried  into  detail  is  even  more  difficult 
than  those  for  materials.  In  both  materials  and  processes,  improve- 
ments are  constantly  being  made,  and  the  methods  employed  are 
constantly  undergoing  changes  and  improvements.  As  a  general 
rule,  it  is  unwise  to  specify  methods  in  detail,  as  results  are  the  end 
desired  and  the  detailed  methods  to  be  pursued  should  be  designated 
only  to  the  extent  necessary  to  secure  the  results  desired.  If  the 
methods  to  be  pursued  are  fully  specified,  the  contractor  becomes  a 
"servant"  and  not  an  "independent  contractor,"  and  the  principals 
may  become  liable  for  casualties  which  may  occur  and  unsatisfac- 
tory results  which  may  obtain  on  account  of  improper  methods  of 
procedure.  As  a  general  rule,  the  contractor  should  be  left  reason- 
ably free  to  pursue  those  methods  which  his  experience  dictates, 
for  it  is  largely  on  account  of  this  experience  that  his  services  are 
secured.  He  should,  however,  be  required  to  do  those  things  or  use 
those  processes  which  are  clearly  known  to  be  essential  to  secure 
proper  results.  Ordinarily  the  specifications  for  an  engineering  proc- 
ess should  include : 

I.  A  general  description  of  the  work  to  be  done. 
II.  Reference  to  plans,  profiles,  etc.,  provided. 

III.  The    material    to    be    used.     (Materials    covered    by    another 

specification.) 

IV.  The  operations  included. 
V.  Precautions  to  be  taken. 

VI.  The  results  to  be  obtained. 

§  198.  Earthwork  and  Rock  Work. — Among-  the  processes  most 
common  in  engineering  works  is  the  excavation  or  construction  of 
earth  and  rock  works.  Such  works  have  many  features  in  com- 
mon, while  other  features  may  be  special  and  peculiar  to  a  particu- 
lar work.  For  the  purpose  of  the  general  study  of  specifications,  all 
such  works  can  be  analyzed  together.  In  using  the  analysis  for  the 
preparation  of  specifications,  all  specifications  not  applicable  to  the 


Earthwork  and  Rockwork  331 

case  in  hand  should,  of  course,  be  omitted.  In  the  same  way  it 
must  be  remembered  that  besides  the  headings  given  in  the  analy- 
sis, there  are  various  other  items  in  regard  to  the  general  character 
of  the  work,  contingencies,  delays,  the  hazards  of  construction,  the 
furnishing  of  tools,  plant,  etc.,  which  are  usually  included  in  the 
general  form  of  agreement,  but  which  may  be  included  in  the  spec- 
ification, if  desired.  In  addition  to  these  there  may  be  special  fea- 
tures which  demand  special  treatment.  While  an  attempt  has  been 
made  to  make  the  analytical  form  given  as  complete  as  practicable, 
it  is  offered  simply  as  a  basis  or  a  general  model  for  a  special  form 
to  be  prepared  by  the  engineer  for  any  special  work  he  may  have  on 
hand. 

§  199.  Analytical  Division  of  Earth  and  Rock  Work  Specifica- 
tions. 

I.  GENERAL  DESCRIPTION  : 

A.  Description. 

B.  Location. 

C.  Dimensions. 

D.  Form. 

E.  Grade. 

F.  Divisions  of  work. 

II.  MATERIAL: 

A.  General  character,  borings,  soundings,  etc. 

B.  Classification. 

C.  Quality  of  material  to  be  used  (in  fills). 

D.  Quantities. 

E.  Measurements  and  estimates. 

F.  Shrinkage  (in  fills). 

G.  Extra  excavation. 

H.  Extra  material  and  borrow  pits  for  fills. 

III.  OPERATIONS: 

A.  Beginning  work. 

B.  Grades  and  lines. 

C.  Clearing,  grubbing  and  wrecking. 

D.  Breaking  surface  or  mucking. 

E.  Changes  in  roads,  railroads,  etc. 

P.  Consolidation,  rolling,  tamping  and  puddling. 

G.  Limits  of  work. 

H.  Bracing,  shoring,  and  protection  of  work. 

7.  Protection  of  public,  care  and  maintenance  of  traffic. 


332  Specifications  for  Processes 

/.  Obstructions. 
K.  Pumping  and  draining. 
L.  System  of  excavation. 
M.  Filling  (methods  of  work). 
N.  Drilling,  channeling,  blasting  and  quarrying. 
O.  Disposal  of  material. 
P.  Overhaul. 

Q.  Leveling,  grading  and  dressing. 
R.  Sodding  and  seeding. 

5.  Continuous  prosecution  of  work. 
T.  Maintenance. 

§  200.  General  Description. — Under  this  title  are  included  vari- 
ous data  descriptive  of  work  which  may  be  subdivided  into  (A)  De- 
scription, (B)  Location,  (C)  Dimensions,  (D)  Form,  (E)  Grade,  and 
(F)  Division  of  work. 

Where  the  earth  work  is  a  part  of  other  work,  the  location  is 
usually  sufficiently  well  described  in  the  general  description  of  the 
entire  work ;  otherwise  a  special  description  may  be  desirable. 

In  minor  works  the  description  may  include,  in  a  single  para- 
graph, all  necessary  facts  in  regard  to  location,  dimension,  form, 
grade,  and  divisions  of  work,  while  in  important  work  each  of  these 
factors  may  require  special  treatment.  The  following  examples 
show  the  common  practice  in  writing  of  such  specifications : 

§  201.  (A)  Description,  and  (B)  Location. 

a.  For  Channel  or  Ditch. — "A  channel  having  side  slopes  of  two  feet  hori- 
zontal to  one  foot  vertical,  and  a  width  of  twelve  feet  at  the  bottom,  shall 
be  constructed  on  the  grade  shown  on  the  profile  from  the  outlet  of  Williams 
Pond  to  the  Bear  River  on  the  general  line  shown  on  the  map." 

&.  Trenches  for  Pipe  Sewers. — "All  sewers  shall  be  located  on  the  lines 
shown  on  the  map.  The  trenches  shall  be  excavated  to  a  depth  sufficient  to 
place  the  flow  line  of  the  pipe  on  the  grade  shown  on  the  profile,  and  of 
such  a  width  that  they  shall  be,  at  the  center  of  the  sewer,  one  foot  wider 
than  the  greatest  horizontal  diameter  of  the  pipe  to  be  laid  therein.  Th« 
bottom  of  the  trench  shall  be  excavated  as  nearly  as  practicable  to  the  form 
and  size  of  the  lower  half  of  said  pipe.  Suitable  excavations  shall  be  made 
to  fit  all  junctions  or  other  specials  wherever  needed." 

c.  Trench  for  Water  Pipe.— "I.  Line  and  Grade:  The  trenches  for  the 
pipe  shall  be  opened  in  accordance  with  the  lines  and  grades  given  by  the 
engineer.  The  pipe  lines  shall  be  laid  uniformly  twenty-two  (22)  feet  from 
the  northerly  sides  of  the  various  streets  and  avenues.  The  right,  however, 
to  depart  from  this  general  rule  is  reserved  by  the  first  party." 

"2  Size  of  Trench:  Said  trenches  shall  be  one  foot  wider  than  the 
greatest  exterior  diameter  of  the  pipe  to  be  laid  therein." 


Earthwork  and  Rockwork  333 

c.  Bell  Holes:  At  all  points  the  trench  shall  be  widened  and  deepened 
sufficiently  to  admit  of  free  access  for  calking  all  around  said  pipe,  and  so 
that  the  bell  of  the  pipe  shall  have  no  bearing  on  the  bottom  of  the  trenches. 
Such  enlargement  of  the  trench  shall  be  made  before  the  pipe  is  lowered 
into  it." 

(I.  Excavation  for  Bridge  Substructures'.  "The  excavation  for  all  piers 
or  abutments  shall  be  to  such  a  depth  as  shall  permit  the  bottom  of  the 
grillage,  if  grillage  be  used,  or  the  bottom  of  the  masonry  footings,  if  no 
grillage  be  used,  to  be  placed  at  an  elevation  about  ninety  (90)  feet  above 
city  datum  (to  which  reference  plane  all  elevations  on  the  drawings  and  in 
specifications  for  this  work  are  referred).  The  engineer  shall  determine 
the  exact  elevation  of  the  foundation  of  each  structure.  The  excavation 
shall  be  of  the  size  and  dimensions  directed  by  the  engineer." 

e.  Excavation  for  Masonry  Foundations:  "The  excavation  will  be  of 
the  form,  dimensions  and  depth  shown  on  the  drawings,  or  to  such  addi- 
tional depth  as  the  nature  of  the  material  may  require." 

/.  Street  Grading:  "All  streets  and  avenues  on  which  pavements  are  to 
be  laid,  including  roadway,  parking  sidewalk  intersection  and  all  street  and 
alley  approaches  shall  be  graded  to  the  lines  and  cross  sections  shown  on 
the  profiles  and  sections  of  the  same." 

g.  Railroad  Grading:  "Under  this  head  shall  be  included  all  excavations 
and  embankments  for  the  construction  of  the  roadbed  for  both  main  and 
side  tracks,  for  all  station  grounds  and  switch  yards,  and  including  also  the 
excavations  for  all  drains  and  ditches  in  connection  with  the  road,  and  the 
excavations  for  the  foundations  of  all  bridges,  culverts,  cattle  guards,  and 
all  earth  work  necessary  for  the  change  and  reconstruction  of  public  or 
private  roads  and  crossings,  or  for  the  changing  of  water-courses  and  for  all 
other  earthworks  incident  to  the  construction  of  said  railroad." 

n.  Chicago  Drainage  Canal:  ''Location:  "The  work  covered  by  and  in- 
cluded in  these  specifications  in  the  excavation  of  that  part  of  the  main  drain- 
age channel,  and  the  building  of  certain  collateral  works  for  the  sanitary 
district  of  Chicago  located  between  the  Willow  Springs  Road  in  Section  32 
of  Township  38  North,  Range  12  East  of  the  Third  Principal  Meridian,  in 
Cook  County,  Illinois,  and  the  middle  of  Section  14,  near  Lockport  in  Town- 
ship 36  North,  Range  10  East  of  the  Third  Principal  Meridian,  in  Will 
County,  Illinois,  beginning  below  but  near  the  said  Willow  Springs  road,  the 
said  part  of  the  said  main  drainage  channel  follows  the  Desplaines  river 
valley,  being  located  north  and  west  of  the  Illinois  and  Michigan  canal, 
approximately  as  shown  on  the  accompanying  plans,  marked  "2  a,"  and  as 
shall  be  located  by  the  engineer,  and  described  as  follows: 

"  'The  line  of  said  channel  shall  begin  at  Willow  Springs  road  and  shall 
continue  in  a  direction  parallel  to  and  460  feet  from  the  river  bank  of  the 
canal  above  Willow  Springs,  joining  by  an  easy  curve  a  line  parallel  to  and 
460  feet  from  the  canal  bank  in  the  straight  reach  above  Sag,  thence  by  an 
easy  curve  in  a  straight  course  to  the  county  line  and  parallel  to  and  730 
feet  from  the  bank  of  the  canal  in  the  straight  reach  at  and  above  Lemont; 
thence  by  an  easy  and  continuous  curve  to  a  straight  course  parallel  to  and 


334  Specifications  for  Processes 


460  feet  from  the  canal  bank  in  the  straight  reach  at  and  below  Romeo,  said 
course  terminating  at  or  near  the  middle  of  Section  14,  of  Lockport  Town- 
ship; the  course  opposite  Lemont  to  be  subject  to  a  change  of  200  feet  if 
found  desirable,  said  course  throughout  being  so  located  as  to  facilitate  the 
spoiling  of  the  waste  material  from  the  channel  on  either  side.  The  total 
approximate  length  is  74,000  feet  or  14  miles'"  (San.  Dist.  of  Chicago.) 

i.  Embankment:  "The  embankments  shall  be  30  feet  in  width  at  the 
top,  and  shall  have  a  slope  of  two  (2)  feet  horizontal  to  one  (1)  vertical,  or 
such  other  slope  and  such  cross  section  as  the  engineer  may  determine  for 
any  particular  case." 

;.  Embankment:  "In  embankment,  the  sides  shall  be  neatly  and  uni- 
formly dressed  to  a  slope  of  two  and  one-half  (2  1-2)  horizontal  to  one  (1) 
vertical,  or  such  other  slope  as  the  engineer  may  direct  in  any  particular 
case." 

§  202.  (C)  Dimensions,  (D)  Form,  and  (E)  Grade. 

a.  Dimensions  of,  Cross  Sections:  "The  bottom  of  the  finished  channel 
shall  have  a  width  of  160  feet  in  the  clear;  where  the  channel  is  in  rock,  the 
sides  of  said  channel  shall  be  kept  vertical,  except  as  to  necessary  offsets 
occasioned  by  the  use  of  the  dredging  machine. 

"The  sides  of  the  rock  channel  are  to  be  worked  out  with  a  channeling 
machine  from  top  to  bottom,  the  channels  being  cut  ahead  of  the  blasting.  In 
doing  this  the  bottom  of  each  cut  of  the  machine  is  to  be  made  to  a  uni- 
form level  above  the  grade,  and  each  succeeding  one  offset  six  inches  from 
the  one  just  preceding.  The  contractor  will  be  allowed  to  work  the  rock  in 
one  or  more  stopes,  at  his  option,  so  far  as  concerns  the  main  portion  of 
the  width  of  the  channel,  but  in  case  he  elects  to  work  the  face  in  stopes 
having  a  greater  height  than  the  reach  of  the  channeling  machine  in  depth, 
then  the  blast  holes  are  to  be  so  disposed  as  to  effectually  prevent  any  blast 
from  breaking  or  shattering  the  rock  beyond  the  sides  of  the  prism  of  the 
channel,  which  are  to  be  left  as  smooth  and  solid  as  can  be  obtained  with  a 
sldllful  and  proper  use  of  a  channeling  machine. 

"In  determining  the  width  of  the  channel  at  the  top  of  the  rock,  the 
necessary  offsets  made  by  the  operation  of  the  machine  are  to  be  allowed 
for.  Provided,  that  where  the  depth  of  the  rock  does  not  exceed  sixteen  feet 
there  shall  be  but  one  reach  or  cut  of  the  channeling  machine  made,  and 
that  when  its  depth  is  over  sixteen  feet,  and  not  greater  than  twenty-four 
feet,  there  shall  be  two  cuts  made;  and  that  nowhere  is  there  to  be  more 
than  three  cuts  made  for  the  whole  depth  of  the  rock  excavation. 

Where  the  channel  is  partly  in  earth  and  partly  in  rock,  the  earth 
shall  be  so  excavated  as  to  leave  a  berm  on  top  of  the  rock  equal  to  three- 
eighths  (3-8)  of  the  depth  of  the  rock  surface  below  a  level  5  feet  above 
datum;  provided  that  the  berm  shall  be  in  no  event  less  than  5  feet;  and 
provided,  further,  that  where  the  section  in  entirely  in  earth  the  additional 
width  at  bottom  shall  conform  to  the  above  rule;  and  provided  also,  that  at 
the  level  of  5  feet  above  datum  the  berm  shall  not  be  less  than  10  feet,  with 
a  slope  toward  the  channel  of  one-half  foot.  In  all  cases  the  earth  shall  be 
taken  out  with  the  least  slope  which  is  to  be  found  can  be  safely  maintained 


Earthwork  and  Rockwork  335 

until  the  retaining  walls  are  built,  and  as  may  be  directed  by  the  engineer 
from  time  to  time."  (Spec.  San.  Dist.  of  Chicago.) 

&.  Grade:  "The  grade  line  of  the  bottom  of  said  main  channel  at  the 
station  designated  740  shall  be  at  an  elevation  of  24  feet  below  datum 
established  by  the  Illinois  and  Michigan  canal  trustees  in  1847,  and  shall 
slope  thence  uniformly  at  the  rate  of  0.08  of  a  foot  vertical  to  1,000  feet 
horizontal  to  the  end  of  the  standard  excavation  at  station  1480,  where  it 
shall  have  an  elevation  of  29.92  feet  below  datum. 

"The  sanitary  district  reserves  the  right  to  change  said  grade  by  raising 
or  lowering  it,  or  by  increasing  or  decreasing  the  slope,  thereby  increasing 
or  decreasing  the  amount  of  excavation;  provided,  that  said  change  shall  in 
nowise  affect  the  terms  of  this  contract  as  to  price,  or  entitle  the  said  con- 
tractor to  any  compensation  additional  to  the  rate  fixed  by  this  contract,  or 
render  the  sanitary  district  liable  for  any  damages,  whatsoever,  direct  or 
indirect.  Provided,  further,  that  the  said  change  shall  in  no  place  affect  the 
grade  by  an  amount  exceeding  four  feet;  and  that  the  sanitary  district  shall 
notify  the  said  contractor  of  any  such  change  before  any  portion  of  said 
channel  shall  have  been  finished  in  conformity  to  the  grade  as  hereinbefore 
specified."  (Spec.  San.  Dist.  of  Chicago). 

§  203.  (F)  Divisions. — In  contract  work  of  large  magnitude,  it 
is  frequently  desirable  for  purposes  of  letting  the  work,  to  divide  it 
into  a  larger  or  smaller  number  of  divisions,  reserving  the  right  to 
let  the  contracts  for  such  divisions  to  one  or  more  contractors  as 
the  party  letting  the  work  may  elect. 

a.  "Sections  for  the  purpose  of  eventually  designating  different  portions 
of  the  work  and  of  dividing  it  into  contracts,  the  said  part  of  the  main 
drainage  channels  shall  be  divided  into  14  sections  as  follows: 

"Section  1,  extending  from  the  station  designated  740  to  the  station 
designated  800. 

"Section  2,  extending  from  the  station  designated  800  to  the  station 
designated  850. 

"Section  3,  extending  from  the  station  designated  850  to  the  station 
designated  900,  etc.,  etc. 

"Section  1,  2,  7,  8,  9  and  10  involves  certain  changes  in  the  river  chan- 
nel opposite. 

Section  9  involves  a  possible  re-location  of  the  Illinois  and  Michigan 
canal,  and 

Sections  8  to  14  inclusive  may  require  railway  changes. 

The  sanitary  district  reserves  the  right  to  make  all  river,  canal  and 
railway  changes  independent  of  the  main  work."  (Spec.  San.  Dist.  of  Chi- 
cago.) 

§  204.  Materials. — Specifications  for  materials  should  include  a 
description  of : 

A.  Their  general  character  and  the  available  information  concern- 
ing the  same. 


336  Specifications  for  Processes 

B.  Their  classification,  or  the  kinds  of  material  to  be  moved,  with 
exact  definitions  of  the  character  of  each  class,  for  which  a  different 
price  may  or  will  be  paid. 

C.  The  quality  of  material,  which  may  be  used  in  different  parts 
of  the  work  or  for  different  purposes  (as  for  fills,  backing  filling,  etc.). 

D.  The  quantities,  including  exact  or  approximate  estimates  of  the 
amount  of  the  material  or  of  different  materials  to  be  moved. 

E.  The  method  of  measurements,  or  the  basis  on  which  estimates 
will  be  made  and  the  work  paid  for. 

•F.  The  shrinkage  or  increase  in  volume  which  will  be  involved  in 
the  handling  of  the  material,  to  the  extent  that  such  change  in  vol- 
ume influences  the  construction  or  cost  of  the  work. 

(7.  Extra  excavation,  or  the  material  that  will  be  paid  for  at  an 
extra  price  either  in  excess  of  the  common  price  or  aside  from  a 
fixed  sum  that  may  be  made  for  the  major  part  of  the  work. 

H.  Extra  material  and  borrow  pits,  or  the  sources  apart  from  the 
location  of  the  work  at  which  material  can  or  must  be  secured. 

Much  care  is  necessary  in  designating  the  meaning  of  words  used 
in  the  description  of  materials,  especially  when  any  classification  is 
allowed  or  when  any  expense  is  involved  by  their  occurrence. 

As  pointed  out  in  section  122,  of  chapter  XI,  the  lowest  proposals 
from  intelligent  contractors  can  be  secured  only  by  removing  so  far  as 
practicable  all  doubts  in  regard  to  the  nature  of  the  work  to  be  done 
and  the  consequent  expense  to  be  incurred. 

Various  earth  and  rock  materials  to  be  excavated  resist  the 
work  of  removal  in  a  manner  varying  greatly  with  their  character  and 
physical  condition.  Materials  like  clear  sand  and  mud  offer  little  resist- 
ance, while  other  materials  like  rock,  cement,  gravel  and  indurated 
deposits  of  all  kinds  offer  strong  resistance. 

§  205.  (A)  General  Character. — The  nomenclature  used  to  des- 
ignate these  materials  has  not  been  standardized  and  varies  greatly  with 
different  engineers.  Prelini l  subdivides  these  deposits  into  "very  loose 
soils,"  "loose  soils,"  "friable  soils,"  "soft  rock,"  "ordinary  rock,"  and 
"hard  rock." 

Gillette  2  classifies  earth  excavation  into  (i)  "easy  earth,"  in  which 
he  includes  loam,  sand  and  ordinary  gravel;  (2)  "average  earth,"  in- 
cluding sands  and  gravels  impregnated  with  clay  or  loam  where  a  pick 

i  See  "Earth  and  Rock  Excavations,"  p.  42. 

-'See  "Handbook  of  Cost  Data,"  second  edition,  p.  120. 


Character  of  Materials  337 

or  plow  drawn  by  two  horses  is  necessary  for  loosening  before  shovel- 
ing, and  (3)  "tough  earth,"  in  which  he  includes  compact  clays,  the  hard 
crusts  of  old  roads  and  all  earths  so  hard  that  one  team  of  horses  can 
pull  and  plow  only  with  great  difficulty  but  which  two  teams  of  horses 
can  loosen  with  comparative  ease.  He  adds,  "this  third  class  of  earth 
passes  by  insensible  degrees  into  what  is  called  'hard  pan,'  "  which  he 
defines  as  including  very  compact  clay  or  a  mixture  of  gravel  or  bould- 
ers with  clay,  and  "sometimes  soft  shales  that  can  be  plowed  with  a 
rooter  plow."  Certain  cemented  gravels  are  sometimes  called  hard- 
pan. 

The  earth  and  soils  have  also  local  names,  for  example  "adobe," 
a  term  used  in  the  southwestern  portion  of  the  United  States  to  de- 
note any  clay  of  which  sun  dried  brick  or  "adobes"  can  be  made. 
"Gumbo"  is  used  in  the  Mississippi  valley  to  denote  a  black  loam  mixed 
with  clay,  exceedingly  sticky  when  wet,  and  often  very  hard  and  tough 
when  dry.  "Marl"  is  technically  a  mixture  of  clay  and  lime,  but  is 
often  employed  to  designate  clay  soils  with  only  a  small  amount  of 
lime,  and  sometimes  disintegrating  materials  with  a  soapy  texture. 
The  term  "quicksand"  is  usually  applied  to  any  sand  or  sandy  material 
which  flows  readily  when  saturated  with  water. 

Earthy  materials  are  sometimes  classified  and  described  as  follows : 

1.  "Loose  earth"  which  may  include  those  earths  having  little  co- 
hesion and  offering  little  or  no  resistance  to  separation  from  the  re- 
mainder of  the  deposit. 

2.  "Common  earth,"  which  may  include  those  having  some  cohe- 
sion and  may  require  the  use  of  a  spade  for  removal. 

3.  "Tough  earth,"  which  may  require  before  removal  the  use  of  the 
pick  to  break  it  up.     These  include  stiff  clay,  disintegrating  rock  and 
slightly  cemented  sands  and  gravel. 

Rock  materials  may  also  be  divided  into  three  classes,  on  the  basis 
of  the  resistance  offered  to  removal,  namely : 

4.  "Soft  rock,"  which  is  easily  removed  by  bars  and  wedges,  such 
as  loosely  laminated  slates  and  sand  stones. 

5.  "Ordinary  rock,"  which  can  be  removed  by  bars  and  sledges, 
such  as  sand  stones;  etc. 

6.  "Hard  rock,"  which  must  be  blasted. 

The  soft  and  ordinary  rocks  may  often  be  more  profitably  moved 
by  the  use  of  explosives. 

Very  often  the  term  "loose  rock"  is  used  for  rock  which  is  un- 
cemented  and  is  loosened  from  its  bed  and  can  readily  be  moved.  The 


338  Specifications  for  Processes 

term  is  usually  confined  by  definition  to  pieces  of  a  limited  size,  often 
not  exceeding  three  cubic  feet  in  contents. 

The  term  "bedrock"  refers  to  rock  in  the  natural  bed,  and  it  may 
possess  various  degrees  of  hardness. 

Occasionally  deposits  are  described  by  their  geological  names,  al- 
though such  description  gives  little  information  concerning  their  exact 
character,  as  the  same  geological  deposits  will  vary  widely  in  texture 
and  condition  at  various  places. 

Examples: 

a.  Excavation  and  Bridge  Abutments:   "The  material  excavated  will  be 
earth,   sand,  gravel  and   fragmentary   material   of  various   kinds   and    shall 
be  estimated  by  the  actual  cubic  contents  of  the  excavation  as  laid  out  by  the 
engineer,  and  shall  be  paid  for  at  the  price  per  cubic  yard  bid  for  such  ex- 
cavation.      The  material  shall  be  refilled  around  the  completed  abutments, 
and  shall  be  replaced  in  layers  and  thoroughly  tamped  and  any  surplus  ma- 
terial shall  be  removed  by  the  contractor  and  wasted  by  him  at  such  place  or 
places  as  the  engineer  may  direct,  not  more  than  five  hundred  feet  from  the 
excavator,  the  cost  of  all  of  which  shall  be  included  in  the  price  bid  for  ex- 
cavation." 

b.  Borings  and  Soundings:  "The  location  of  borings  and  soundings  made 
along  or  near  line  of  the  aqueduct  is  shown  on  Sheet  No.  1,  which  also  shows 
what  is  regarded  as  the  probable  location  of  the  surface  of  the  ledge  rock,  but 
it  is  well  known  that  the  surface  of  any  ledge  may  differ  greatly  from  the 
location  as  shown,  and  that  the  character  of  the  material  encountered  can- 
not be  definitely  determined  by  wash  drill  borings.       There  is,  therefore,  no 
expressed  or  implied  agreement  that  the  line  of  the  surface  of  the  ledge  rock 
or  the  character  of  the  material  encountered  by  boring,  as  indicated  upon  the 
plan,  is  given  approximately  correct."       (Met.  Water  &  Sewerage  Board.) 

c.  Character  of  Material — ''General  Character  of  Borings  and  Soundings: 
The  character  of  the  material  through  and  in  which  the  tunnel  is  to  be  con- 
structed, is  indicated  on  the  profile,  and  sample  of  material  taken  from  the 
borings  made  on  the  line  of  the  work  at  the  points  shown  on  the  drawings 
may  be  seen  at  the  office  of  the  City  Engineer.       These  borings  are  believed 
to  be  practically  correct,  and  to  represent  a  fair  sample  of  the  material.       It 
is  expressly  understood,  however,  that  the  city  does  not  guarantee  the  ac- 
curacy of  these  borings,  and  should  the  conditions  be  found  to  differ  from 
those  indicated  by  said  borings,  the  Contractor  shall  have,  for  this  reason, 
no  claim  against  said  city." 

d.  Wells — Nature  of  excavation:   From  the  drillings  of  the  first  artesian 
well,  it  is  believed  that  the  strata  which  lie  below  the  surface, and  which 
may  be  encountered  in  sinking  the  shaft,  will  be  approximately  as  follows: 

"Drift  (clay,  sand,  gravel),  67  feet  in  thickness. 

"Coal  measure  shales,  5  feet  in  thickness. 

"Burlington  limestone,  96  feet  in  thickness. 

"Kinderhook  group,  261  feet  in  thickness. 

"The  general  thickness  and  character  of  the  strata  as  above  given,  are 
believed  to  be  approximately  correct.  These  conditions  are,  however,  liable 
to  variation,  which  variation  and  the  resulting  conditions  shall  be  at  the 


Character  of  Materials  339 

risk  of  the  contractor,  and  said  contractor  shall  not  be  entitled  to  any  claims 
for  extra  compensation  for  any  variation  in  said  strata  or  in  the  conditions 
thereof  from  those  above  mentioned,  or  for  additional  labor,  material, 
or  appliances  which  he  is  obliged  to  furnish  by  reason  of  such  variation,  or 
for  any  unforeseen  difficulties  encountered  in  the  prosecution  of  this  con- 
tract." 

e.  Wells — "Approximate  description  of  strata:  It  is  expected  that  the 
strata  which  will  be  encountered  in  sinking  this  well  will  be  similar  in  its 
nature  to  the  stratification  of  the  first  artesian  well  drilled  at  Monmouth, 
which  stratification  was,  approximately,  as  follows:  — 

Drift     67  ft. 

Coal  measure,  shale    5  ft. 

Burlington  limestone 96  ft. 

Kinderhook  group 261  ft. 

Hamilton  and   corniferous    88  ft. 

Guelph  and  Niagara   68  ft. 

Cincinnati  shales   83  ft. 

Galena    limestone    290  ft. 

Trenton  limestone    116  ft. 

Saint  Peter  sandstone  .  .  156  ft. 


Depth  of  first  well   1,230  ft. 

"Below  the  St.  Peter  sandstone  there  is  unknown  thickness  of  the 
Lower  Magnesian  limestone,  perhaps  300  to  500  feet  in  thickness,  below 
which  the  potsdam  sandstone  deposits  occur. 

"The  general  thickness  and  character  of  the  strata  as  above  given  are 
believed  to  be  approximately  correct.  They  are,  however,  liable  to  varia- 
tion, which  variation  shall  be  at  the  risk  of  the  contractor,  and  said  con- 
tractor shall  not  be  entitled  to  any  claim  for  extra  compensation  for  any 
variation  in  said  strata  from  the  above,  or  for  any  additional  labor,  material 
or  appliances  which  he  is  obliged  to  furnish  by  reason  of  such  variation,  or 
from  any  unforeseen  difficulty  encountered  in  the  prosecution  of  the  con- 
tract." 

; 

§  206.  (B)  Classification. — Classification  is  an  attempt  to  sub- 
divide earth  and  rock  work  into  classes  or  kinds  of  material,  which  will 
from  their  nature  require  different  methods  of  treatment,  and  conse- 
quently different  expense  in  moving  them.  Where  such  differences  ex- 
ist it  is  usually  desirable  to  ask  for  separate  proposals  for  each  class  of 
material.  Classification  and  the  opportunity  of  securing  a  proper  com- 
pensation for  each  kind  of  material  which  will  or  may  be  encountered, 
obviates  the  hazard  of  variation  in  the  amounts  of  the  different  kinds 
of  material  and  guarantees  that  the  contractor  will  receive  payments 
on  each  kind  in  proportion  to  the  amount  that  obta;ns.  The  difficulty 
that  arises  in  carrying  out  classification  lies  in  the  difficulty  of  explicit 
definition  of  class  and  the  difficulty  of  determining  accurately  whether  a 
given  material  lies  within  one  class  or  another.  This  determination 


340  Specifications  for  Processes 

has  led  to  many  disputes  and  much  litigation.     Many  classifications 
for  such  material  have  been  used.     These  sometimes  include : 

a.  Earth  and  rock. 

b.  Earth,  loose  rock,  and  solid  rock. 

c.  Earth,  hardpan,  loose  rock,  and  solid  rock. 

d.  Loose  earth,  common  earth,  tough  earth,  hardpan,  loose  rock 
and  solid  rock. 

c.  Solid  rock,  sandstone,  cement,  shale  and  earth. 

Frequently  the  materials  embraced  under  such  classifications  grade 
almost  imperceptibly  one  into  another,  and  in  adjusting  the  limits  be- 
tween earth  and  hardpan,  hardpan  and  rock,  considerable  difficulties 
frequently  arise. 

Warren  D.  Smith,  Professor  of  Geology  at  the  University  of 
Oregon  submitted  to  Economic  Geology  for  March — April,)  1919, 
suggestions  for  a  new  classification  of  materials  to  be  excavated. 

Professor  Smith  says : 

"The  following  classification  has  four  main  groups  and  is  as 
follows : 

NAME 

All  granite  rocks,  granites,  diorites,  etc. 

Sandstones  (siliceous  cement) 

Quartzites  and  quartz  masses 

Traps   (basalt)   porphyries  and  volcanic  glasses  :1   and 

Conglomerates  and  agglomerates 

Gneisses,  Breccias 

All  rocks  of  Group  I  badly  weathered 

Sandstones  (lime  or  iron  cement) 

Limestones  and  marbles 

Serpentines,  schists,  slates  and  argillites  Intermediate  rocks 

Hardpan  (glacial,  etc.) 

Shales 

Rubble  limestone 

Loose  sandstone 


Coquina 


GROUP  III 


Marls  Soft  rocks 

Travertine 

Tuff 
Glacial  till 

Silt 

Mud 

Sand  GROUP  IV 

Qravel  Unconsolidated    (earth) 

Volcanic  ash  (loose) 


Classification  341 

"For  use  in  connection  with  this  classification  we  think  that  Pirs- 
son's  'Rocks  and  Rock  Minerals/  with  the  tables  there  included  for 
rock  determination,  should  be  used.  There  is  no  escaping  the  fact  that 
the  engineer  must  know  the  common  rocks  and  minerals.  If  he  does 
not  know  them  now,  he  must  either  take  a  course  where  he  can  learn 
these,  or  a  geologist  must  be  retained."* 

As  a  rule  the  engineer  should  be  empowered  to  decide  under 
what  class  a  material  encountered  shall  be  included  and  he  will  here 
find  opportunity  for  the  exercise  of  his  best  judgment. 

Examples: 

a.  Open  trenches — "Excavation:  All  excavation  will  be  in  sand,  gravel, 
earth,  and  other  drift  materials.      No  rock  excavation  is  expected,  but  should 
rock  be  encountered  in  the  trenches  is  shall  be  excavated  six  inches  below 
the  bottom  grade  of  the  pipe.  All  rock  requiring  blasting  to  remove  will  be  paid 
for  as  rock  excavation  at  $2.00  per  cubic  yard,  and  said  rock  shall  be  meas- 
ured eighteen  inches  wider  than  the  outside  diameter  of  the  pipe  at  the  hub 
end,  and  from  the  top  of  said  rock  to  six  inches  below  the  bottom  grade  of 
the  pipe.      All  boulders  found  in  the  trench  requiring  to  be  removed,  measur- 
ing one-half  cubic  yard  or  more,  will  be  paid  for  as  rock  excavation.       In 
the  excavation-  of  rock,  all  blasts  must  be  properly  covered  to  guard  against 
injury  to  surrounding  objects,  and  the  contractor  will  be  held  responsible 
for  all  damages  to  persons  or  property  caused  by  carelessness  or  otherwise 
in  the  prosecution  of  this  work." 

b.  "Classification  of  Material:    All   material  such  as  earth,  clay,   sand, 
gravel,  rotten  or  loose  rock,  which  can  be  removed  with  pick  and  shovel,  shall 
be  classed  as  'earth  excavation.'      All  rock  requiring  blasting  to  remove,  shall 
be  classed  as  'rock  excavation.'  " 

In  addition  to  the  above  classification,  the  class  Hardpan  is  some- 
times also  used.  When  so  used  it  is  usually  specified  as  follows : 

"Hardpan  shall  consist  of  indurated  clay,  shales  or  cemented  gravel,  and 
which  requires  blasting  for  removal." 

In  addition  to  the  above  classifications,  there  are  also  often  included 
in  work,  part  of  which  is  to  be  performed  under  water,  the  classifica- 
tion as  above  indicated,  modified  by  the  additional  provision  "in  water," 
"below  water,"  and  "dry"  or  "above  water." 

"All  excavation  below  low  water  shall  include  all  necessary  extra  work 
caused  by  the  position,  and  shall  be  paid  for  at  the  price  named  in  the  ac- 
cepted proposition." 

c.  Open  Trenches. — "Two  prices  only  are  to  be  paid  for  materials  exca- 
vated from  the  open  trench  and   other  excavations    (except  borrow  pits), 
namely,  one  for  the  rock  excavation,  which  is  to  cover  all  excavation  of  solid 
rock  removed  by  blasting,  and  all  boulders  of  one  third  cubic  yard  or  more  in 
volume;  and  one  for  earth  excavation,  which  is  to  cover  the  excavation  of 


*  Eng.  News-Rec.  Vol.  82,  p.  907. 


342  Specifications  for  Processes 

all  other  materials.  The  price  to  be  paid  for  borrowed  earth  is  to  cover  the 
excavation  of  all  kinds  of  materials  taken  from  borrow  pits."  (Met.  Water 
&  Sewerage  Board.) 

d.  Canals— "Classification  of  Material.— All  material  excavated  under  the 
provisions  of  this  contract  is  to  be  classified  under  one  or  the  other  of  two 
heads,  viz.:  'glacial  drift'  and  'solid  rock.' 

"Glacial  drift  shall  comprise  the  top  soil,  earth,  muck,  sand,  gravel,  clay, 
hardpan,  boulders,  framentary  rock  displaced  from  its  original  bed,  and  any 
other  material  that  overlies  the  bed  rock. 

"Solid  rock  shall  comprise  all  rock  found  in  its  original  bed,  even  though 
it  may  be  so  loosened  from  the  adjacent  underlying  rock  that  it  can  be  re- 
moved without  blasting."  (Spec.  San.  Dist.  of  Chicago.) 

e.  Grading — "Classification:   (a)   All  material  handled  under  the  head  of 
'Grading'  shall  be  classified  as  follows:  'Solid  rock,'  'loose  rock,'  and  'earth.' 

"(&)  Solid  rock  shall  include  all  bed  rock  which  cannot  be  removed 
without  blasting,  also  all  boulders  or  other  masses  of  rock  of  not  less  than 
one  cubic  yard  which  require  blasting  before  removal. 

"(c)  Loose  rock  shall  include  all  soft  shales  or  other  soft  or  loose  rocks 
which  can  be  removed  without  blasting,  even  though  blasting  may  be  done 
to  facilitate  the  work;  also  all  boulders  or  other  manner  of  rock  of  not 
more  than  one  cubic  yard,  or  less  then  ten  cubic  feet. 

"(tf)  Earth  shall  include  all  soil,  earth,  sand,  gravel,  loose  stone  and 
boulders  of  less  than  ten  cubic  feet  contents,  and  any  other  material  of 
every  description  not  clearly  included  under  the  specifications  of  solid  rock 
or  loose  rocks;  of  all  of  which  the  engineer  shall  be  judge." 

(e)  "All  materials  moved  in  grading  shall  be  measured  in  excavation 
only,  and  estimated  by  the  cubic  yard  under  the  following  classes: 

"Class  1.  All  material  that  can  be  plowed  by  an  average  eight-mule  team, 
each  animal  weighing  not  less  than  twelve  hundred  (1,200)  Ibs.,  attached  to 
a  suitable  ten-inch  breaking  plow,  all  well  handled,  by  at  least  four  men.  Also, 
all  loose  material  that  can,  without  plowing,  be  loaded  into  a  scraper  by  two 
men. 

"Class  2.  Indurated  material  of  all  kinds,  which  cannot  be  plowed  as  in 
Class  1,  but  which  requires  loosening  by  powder,  and  can  then  be  removed 
by  scraper. 

"Class  3.  All  detached  masses  of  rock,  more  than  two  and  less  than  ten 
cubic  feet  in  volume.  And  all  slate  or  other  rocks,  soft  or  loose  enough  to 
be  removed  without  blasting. 

"Class  4.  All  rock,  not  included  in  the  above  classes  which  requires  drill- 
ing and  blasting."  s 

In  discussing  the  above  specification,  the  Engineering  News  re- 
marks that  in  a  similar  specification  a  dispute  arose  in  regard  to  the 
question  of  whether  certain  mater'al  should  be  classified  as  "hard- 
pan"  or  "rock,"  and  points  out  that  while  certain  shales  and  hard- 
pan  may  be  loosened  in  small  chunks  by  a  plow,  yet  true  economy  of 
construction  would  require  blasting.  It  seems  desirable  that  the  deci- 


s  See  Eng.  News  Sup.,  July  9,  1903. 


Classification  343 

sion  as  to  the  classification  of  material  should  when  practicable  be  based 
upon  its  economic  working,  which  is  generally  a  question  of  judgment 
and  therefore  a  matter  for  honest  difference  in  opinion.  The  News 
suggests  that  it  would  seem  better  to  have  samples  of  the  various  ma- 
terials on  file  as  the  basis  for  the  contractor's  proposal.  Even  with  this 
provision,  the  grading  of  material  from  one  class  into  another  may 
sometimes  still  lead  to  differences  of  opinion,  misunderstandings  and 
disputes. 

§  207.  (C)  Qualities  of  Material. 
Examples: 

a.  Embankments: — "All   material   for  the  embankment  shall  be  gravel, 
clay  or  earth,  free  from  all  organic  matter,  and  be  such  as  the  engineer  will 
approve.      Any  material  used  in  said  embankment  and  not  so  approved  shall 
be  removed  by  the  contractor  at  his  own  cost  and  expense,  and  shall  in  no 
case  be  estimated  or  paid  for." 

b.  Refilling  trenches — "Material  for  refilling. — The  trenches  shall  be  re- 
filled with  the  excavated  material  provided  it  be  of  proper  quality,  but  in 
case  insufficient  suitable  material  is  thus  obtained,  that  which  is  suitable 
shall  be  furnished  by  the  contractor,  without  charge,  and  he  shall  remove 
from  the  ground  or  uniformly  spread  over  the  surface  all  material  which 
is  not  used  in  filling." 

c.  Refilling  in  rock  excavation.— "In  refilling  trenches  from  which  rock 
has  been  excavated,  the  six  inches  below  the  pipe  shall  be  filled  with  sand, 
earth  or  loam,  and  carefully  packed  before  the  pipe  is  laid;  and  the  trench 
around  and  for  eighteen  inches    (18")   above  the  pipe  shall  be  filled  with 
earth,  properly  tamped,  above  which  the  rock  may  be  filled  in,  but  no  rock 
containing  more  than  two  hundred  (200)  cubic  inches  will  be  allowed  to  be 
used  in  the  filling." 

d.  Reservoir   embankment. — "No   material   shall   be   used   which   is   not 
free  from  vegetable  soil,  roots  or  non-mineral  matter.      All  stones  more  than 
one  inch  thick  or  more  than  three  inches  in  maximum  dimensions,  shall  be 
removed  from  the  embankment  before  setting." 

As  noted  in  the  Engineering  News  Supplement 4  the  last  clause  is 
an  unusual  and  unnecessary  requirement  which  will  entail  close  inspec- 
tion and  extra  expense.  The  usual  limiting  size  for  stones  in  reservoir 
embankments  is  four  inches  in  diameter,  and  even  such  a  limit  seems 
entirely  unnecessary  in  work  of  considerable  magnitude,  unless  the  ma- 
terial contains  a  superabundance  of  such  material. 

§  208.  (D)  Quantities  and  (E)  Measurements  and  Estimates. 
Examples: 

a.  Embankments:  ''Measurements. — The  measurement  of  all  material  used 
in  the  embankment  shall  be  made  in  the  embankment." 

b.  Levees:  Estimate  of  quantities.— "The  solid  contents  of  the  levee,  com- 
puted to  the  established  permanent  grade  and  cross  section  only,  will   bs 
paid  for.      Nothing  will  be  allowed  for  shrinkage.      The  cost  of  clearing,  grub- 


344  Specifications  for  Processes 

bing  and  breaking  the  surface  shall  also  be  included  in  the  price  per  cubic 
yard  for  embankment." 

c.  Canals:   "Measurement. — Measurement  for  all  excavated  material  will 
be  made  in  excavation  by  the  cubic  yard  of  twenty-seven  cubic  feet,  based 
upon  the  survey  and  cross-section  notes  of  the  engineer. 

"All  'glacial  drift'  excavated  under  the  direction  of  the  engineer,  whether 
in  or  out  of  the  main  channel,  will  be  included  in  the  measured  quantities. 

"  'Solid  rock'  excavated  within  the  limits  of  the  dimensions  and  grade 
of  the  main  channel,  or  of  any  river  diversion  channel,  or  for  the  placing 
of  any  bridge  or  other  structure,  as  hereinbefore  specified,  or  that  shall  be 
taken  out  by  direction  of  the  engineer,  shall  ba  included  in  the  measured 
quantities,  provided  that  nothing  will  be  included  for  rock  that  comes  out 
below  grade  in  the  excavation  of  any  channel. 

"The  prices  given  herewith  are  to  include  all  work  herein  specified  as 
clearing  and  grubbing,  levees  for  protection,  pumping,  roadways  for  work- 
ing, back  filling  of  retaining  walls,  and  generally  all  work  and  material  found 
necessary  in  prosecuting  this  contract."  (Spec.  San.  Dist.  of  Chicago.) 

d.  Tunnel    excavation. — "Excavation    either    in    earth    or    rock    shall    be 
estimated  of  a  diameter  only  as  great  as  the  outside  of  the  specified  walls  of 
the  shaft  or  tunnels.      Any  material  resulting  from  caving,  careless  blasting, 
or  any  cause  by  which  material  shall  be  removed   from  beyond   the  lines 
specified,  shall  be  removed  and  refilled  with  suitable  clay  thoroughly  rammed 
in  place  3  and  at  the  contractor's  expense." 

§  209.  (F)  Shrinkage. — Material  when  moved  from  its  natural 
hed  usually  alters  in  volume,  sometimes  to  a  considerable  extent. 
Earth  when  excavated  and  placed  in  an  embankment  usually  shrinks, 
frequently  as  much  as  ten  per  cent  of  its  original  bulk.  Rock  on  the 
other  hand  when  broken  and  placed  in  a  fill,  increases  its  bulk  on  ac- 
count of  the  voids  between  the  pieces.  This  change  in  volume  becomes 
important  in  considering  earth  and  rock  work.  Earth  work,  if  meas- 
ured in  embankment,  will  measure  less  than  if  measured  in  excavation, 
unless  allowance  is  made  for  shrinkage.  Embankments  unless  carried 
above  the  permanent  grade  will  prove  deficient  except  where  extra  ma- 
terial is  furnished.  Rock  work  will  occupy  a  much  greater  space  than 
in  the  bed  from  which  it  was  taken. 

Examples: 

a.  Measurement. — "When  earth  work,  taken  from  borrow  pits,  is  meas- 
ured in  embankments,  an  allowance  of  ten  per  cent,  for  shrinkage  shall  be 
made,  and  the  net  embankments  will  be  estimated  as  ninety  per  cent,  of 
the  gross  excavation." 

b.  Provision  for  Shrinkage. — "One-tenth  shall  be  allowed  for  the  settle- 
ment or  shrinkage  of  all  embankments,  regardless  of  the  character  of  mate- 
rial used,  or  the  method  of  construction,  and  no  embankment  that  is  not  car- 


4  Vol.  50,  p.  229. 

3  Concrete  filling  may  be  required  and  if  so  should  be  specified. 


Extra  Excavation  345 

ried  up  one  tenth  higher  than  the  established  grade  shall  be  paid  for.  The 
allowance  for  shrinkage  must  be  deposited  on  the  crown  and  slope  during 
the  original  construction  in  such  a  manner  as  to  give  the  width  of  crown 
and  the  slope  required,  which  slope  shall  be  uniform  from  top  to  toe  of  fill." 

§  210.  (G)  Extra  Excavation. — It  is  necessary  to  anticipate  the 
possibility  of  a  greater  amount  of  excavation  than  that  which  would  be 
estimated  from  the  plans  for  an  improvement  on  account  of  the  fre- 
quent necessity  of  removing  material  which  may  be  objectionable  or  to 
reach  a  more  satisfactory  foundation.  In  foundations  for  pavements, 
the  following  specification  is  often  used : 6 

"All  clay  and  spongy  material  shall  be  removed  to  a  depth  to  be  deter- 
mined by  the  engineer,  not  exceeding  12  inches  below  the  bottom  of  the 
foundation,  and  shall  be  replaced  with  such  material  as  the  engineer  may 
direct." 

This  specification  is  faulty  for  two  reasons :  ( I )  It  does  not  de- 
scribe the  material  with  which  the  fill  is  to  be  made:  (2)  It  does  not 
provide  for  extra  compensation-  when  such  filling  is  required. 

If  the  spongy  material  is  to  be  replaced  by  sand,  gravel  or  cinders, 
it  should  be  so  specified.  If  the  fill  is  to  be  of  clay,  the  specification 
should  be  equally  explicit ;  the  source  from  which  it  is  to  be  obtained 
should  be  specified,  and  a  sample  of  the  same  should  be  provided  so 
that  there  will  be  no  uncertainties  as  to  the  character  of  the  material 
which  the  engineer  will  accept. 

While  it  may  be  desirable  to  avoid  a  bill  for  extras,  it  is  seldom 
that  extra  expense  is  really  avoided  by  requiring  the  contractor  to  as- 
sume risks  for  extra  work  for  which  he  is  to  receive  no  compensation. 
A  few  test  pits  along  the  line  of  the  work  will  give  the  necessary  in- 
formation as  to  the  occurrence  of  unsuitable  material  for  the  founda- 
tion, and  an  allowance  can  be  made  in  the  original  estimate  for  the 
cost  of  extra  filling,  and  a  bid  for  the  same  required  when  the  work  is 
let.  In  this  way  the  contractor  is  relieved  from  hazard  and  can  and 
will  submit  a  lower  proposal  for  the  work. 

Examples: 

a.  General:  "All  excavation  deeper  than  shown  on  the  drawings,  and  all 
extra  excavations  ordered  by  the  engineer  shall  be  estimated  and  paid  for 
at  the  contract  price." 

b.  Grading  for  Pavements:  "All  material  more  than  eight  inches  below 
the  established  grade,  together  with  all  material  excavated  from  above  the 
grade  of  the  finished  pavement  shall  be  classed  as  extra  excavation  and  paid 
for  at  the  price  of  such  extra  excavation  named  in  the  accepted  proposal. 
The  cost  of  all  other  excavation  including  all  necessary  excavation  for  curb- 
ing shall  be  included  in  the  prices  named  for  paving  and  curbing." 


0  See  Eng.  News  Sup.,  Vol.  50,  p.  257.    The  specification  "such  material 
as  the  engineer  may  direct"  is  indefinite  and  unfair. 


346  Specifications  for  Processes 

c.  Excavation  for  Trenches:  "Any  increase  in  depth  beyond  that  which 
is  necessary  to  lay  the  pipes  in  the  above  described  manner,  if  ordered  by 
the  engineer,  shall  be  paid  for  at  the  price  bid  per  cubic  yard  for  extra 
earth  excavated  and  backfilled;  provided  such  extra  depth  average  at  least 
three  inches  the  whole  length  of  extra  cut.  A  corresponding  deduction  will 
be  made  for  all  length  of  less  depth  than  that  specified,  but  no  attention  will 
be  paid  to  an  average  less  than  three  inches  for  the  whole  length  of  such 
trench.  The  contractor  shall  also  make  additional  excavation  whenever  re- 
quired for  the  purpose  of  securing  a  good  and  satisfactory  foundation,  for 
which  work  he  shall  be  paid  the  price  bid  for  extra  excavation." 

§  211.  (H)  Extra  Material  and  Borrow  Pits. — Extra  material 
that  cannot  be  obtained  from  the  location  of  the  work  is  frequently 
needed  for  embankments  and  fills.  In  most  work  the  land  from  which 
such  material  can  be  obtained  is  provided,  but  occasionally  it  may  be 
desirable  to  depend  on  the  contractor  to  secure  such  extra  material 
from  sources  which  he  shall  provide. 

Examples: 

a.  Contractor  to  Furnish  Material. — "The  contractor  shall  make  all  nec- 
essary arrangements  to  secure  the  material  for  the  embankment  and  no  ma- 
terial shall  be  taken  from  the  public  streets  or  highways  except  as  removed 
in  the  necessary  grading." 

b.  Borrow  Pits  Provided. — "All  necessary  land  for  borrow  pits  will  be 
provided  by  the  party  of  the  first  part." 

§  212.  Operations. — Under  this  heading  should  be  included  all 
specifications  in  reference  to  the  necessary  operations  by  which 
earthworks  are  to  be  begun,  prosecuted,  and  completed,  including 
also  all  restrictions  and  necessary  precautions  which  are  to  be  taken 
in  order  to  secure  good  work  and  protect  public  life  and  property 
and  the  work  itself. 

(A)  to  (E)  Inclusive :  Beginning  Work,  etc. 

(A)  Dredge  Work:  "Beginning  Work. — The  work  shall  be  begun  at  the 
outlet,  but  the  contractor  may  leave  such  temporary  dams  as  may  be  neces- 
sary to  hold  back  the  water  for  the  dredges,  provided  such  dams  are  removed 
as  soon  as  the  progress  of  the  work  permits." 

(B)  Grades  and  Lines. — "The  approximate  depth  of  the  excavation  will 
be  given  by  the  engineer  before  the  excavation  is  begun.      Grade  and  line  will 
be  given  by  the  engineer  every  12^  feet  at  the  bottom  of  the  trench,  on  stakes 
to  be  set  by  the  contractor." 

(C)  Clearing  and  Grubbing:    a.  For  Levees. — "The  ground  to  be  occu- 
pied by  the  levee  must  first  be  cleared  of  all  trees,  stumps,  logs,  bush,  weeds, 
and  all  perishable  matter  of  every  kind.       All  trees  and  stumps  shall  be 
grubbed  out  by  the  roots,  and  all  work  shall  be  done  to  the  full  satisfaction 
of  the  engineer." 

b.  For  Reservoir. — "The  entire  surface  of  the  ground  on  which  the  reser- 
voir is  to  be  constructed  shall  be  cleared  and  grubbed  of  all  trees,  stumps, 
bushes  and  roots.  All  such  material  shall  be  removed  from  the  reservoir 


Operations  347 


area.  All  good  timber  shall  be  cut  and  corded,  and  shall  be  and  remain  the 
property  of  the  city.  All  debris  shall  be  burned  or  otherwise  removed  from 
the  city  property." 

c.  For  Canal, — "The  contractor  will  be  required  to  remove  all  trees 
stumps,  buildings,  fences,  or  other  incumbrances  within  150  feet  of  the  cen- 
ter line  of  the  channel,  or  that  may  be  in  the  way  of  any  collateral  or  subsid- 
iary work  herein  specified.  All  such  material  of  value  shall  be  the  property 
of  the  contractor,  and  all  worthless  material  shall  be  disposed  of  as  directed 
by  the  engineer.  The  cost  of  this  work  shall  be  included  in  the  prices  for 
excavation  as  hereinafter  stated."  (Spec.  San.  Dist.  of  Chicago.) 

CD)  Breaking  Surface  for  Levee. — "The  entire  surface  which  will  be  used 
for  the  base  of  the  levee  shall  be  thoroughly  broken  with  a  spade  or  plow 
in  order  to  form  a  satisfactory  bond  with  the  earth  fill." 

(E)  Changes  in  Roads  and  Railroads:  "Railway  changes. — Throughout 
such  sections  of  the  work  as  may  require  a  change  in  location  of  any  rail- 
way, the  contractor  shall  grade  a  double  track  road-bed  with  material  from 
the  excavations  herein  before  specified,  said  road-bed  to  be  thirty  (30)  feet 
wide  on  top,  with  side  slopes  of  one  and  one-half  to  one,  and  conforming  in 
height  and  location  and  in  other  particulars  to  the  plans  of  the  engineer 
as  shown  on  plan  '2  a,'  and  the  cost  of  any  such  work  shall  be  included 
in  the  prices  for  excavation  hereinafter  stated.  (Spec.  San.  Dist.  of  Chicago.) 

§  213.  (F)  Consolidation,  Rolling,  Tamping,  etc. 

a.  For  Reservoir  Embankment. — "The   embankment   shall   be   built   by 
dumping  the  material  in  uniform  layers  and  to  the  full  width  thereof.      The 
material  so  deposited  shall  be  spread  out  in  uniform  layers  not  over  twelve 
inches  in  thickness  and  thoroughly  rolled  with  a  road  roller  of  approved 
weight  and  dimensions." 

b.  For  Levees. — "The  movement  of  all  wagons,  carts  or  scrapers  used  on 
the  work  shall  be  so  directed  that  all  parts  of  the  embankment  shall  be 
made  equally  and  uniformly  compact." 

c.  For  Pavements. — "The   sub  grade,  after  being  properly   puddled   and 
brought  to  the  proper  section,  shall  be  thoroughly  compacted  by  rolling  and 
tamping  in  such  a  manner  and  to  such  extent  as  the  engineer  may  direct.      The 
roller  shall  not  be  less  than  three   (3)   feet  in  diameter,  or  more  than  six 
(6)   feet  wide  on  the  face,  and  shall  weigh  at  least  eight   (8)   tons,  and  it 
shall  be  so  operated  as  to  roll  the  entire  sub  grade  between  the  street  curbs. 
All  places  that  have  not  been  or  cannot  be  properly  rolled,  shall  be  tamped 
with  square  hand  tampers  of  not  more  than  twelve  (12)  inches  square  face, 
and  not  less  than  ninety  (90)  pounds  weight.      The  rolling  and  tamping  of 
the  foundation  shall  always  be  kept  at  a  distance  of  not  less  than  one  hun- 
dred  (100)   feet  ahead  of  the  pavement." 

d.  For  Pavements. — "When  the  road-bed  has  been  brought  to  sub  grade 
and  before  the  curbs  are  set,  and  after  the  city  has  made  any  necessary  im- 
provements,  the   sub  grade  shall   be   thoroughly  rolled   with   a  steam   road 
roller,  weighing  not  less  than  ten  tons.       Any  soft  and  spongy  places  that 
may  appear  during  the  rolling,  shall  be  filled  with  dry  earth  or  old  macadam 
and  be  rolled  until  they  are  firm  and  solid  and  conform  to  sub  grade,  being 
sixteen  (16)  inches  below  the  finished  surface." 


348  Specifications  for  Processes 

e.  Tamping   Trenches. — "In  refilling  the  trenches,  the  earth  fill  in  the 
bottom  of  the  trench  under,  around,  and  six  inches    (G")    over  the  top  of 
the  pipes  and  other  castings,   shall  be  carefully  packed  and   well  rammed 
with  proper  tools  for  the  purpose.       Care  shall  be  taken  to  give  the  pipe 
a  solid  bearing  throughout  its  entire  length.       The  earth  filling  above  the 
pipes  shall  also  be  sufficiently  packed  to  prevent  serious  after  settlement. 
The  contractor  shall  not  be  required  to  tamp  the  entire  refilling,  but  the 
street  shall  immediately  after  refilling  be  put  into  a  passable  condition  and 
kept  so  for  the  limit  of  guarantee;   a  crown  being  left  over  the  trenches  of 
not  to  exceed  six  inches  (6")  in  the  width  of  the  trench,  and  solid  enough 
to  prevent  a  horse  or  wheel  from  sinking  into  it  to  a  dangerous  extent,  of 
which  the  engineer  shall  be  the  judge.      After  rains,  or  at  other  times  when 
any  settlement  occurs,  either  in  the  surface  of  the  fill,  or  by  the  formation 
of  holes  beneath  the  crust,  the  trench  shall  be  refilled  and  redressed,  and  all 
kept  in  a  satisfactory  and  passable  condition. 

"The  back  filling  shall  be  done  as  soon  as  possible  after  the  sewer  is 
completed  at  any  point.  The  earth  shall  be  placed  carefully  in  layers  of 
not  over  nine  inches  in  thickness,  and  each  layer,  before  the  next  is  placed, 
shall  be  thoroughly  wet  or  rammed  as  the  engineer  may  direct,  and  the 
filling  shall  be  packed  and  rammed  under  and  around  the  sewer,  with  proper 
tools,  so  as  to  effectually  prevent  all  injury  from  settlement  to  the  sewer,  or 
of  unusual  repairs  to  the  streets." 

f.  Consolidating  Trenches:   "(I)     In  refilling  the  trenches  the  earth  on 
each  side  and  six  inches  over  the  brick  work  shall  be  carefully  laid  in  so  as 
not  to  disturb  the  work,  and  solidly  rammed.      After  this,  the  center  may  be 
struck,  but  no  more  load  shall  be  placed  on  the  arch  until  such  time  as  the 
engineer  may  direct. 

"(2)  Special  care  must  be  taken  in  filling  around  the  sewer  to  keep  the 
earth  the  same  height  on  both  sides. 

"(3)  The  first  layer  shall  be  placed  in  with  shovels,  and  the  sewers  shall 
not  be  walked  upon  until  this  is  done.  The  earth  then  to  be  thoroughly 
rammed  in  eight  inch  layers,  with  in  no  case  more  than  twice  the  number 
of  men  refilling  than  there  are  ramming. 

"(4)  The  balance  of  the  trench  may  be  filled  in  the  same  manner,  or  by 
sluicing  with  water;  as  the  engineer  may  direct." 

§  214.   (G),  (H)  and  (I)  Limiting  and  Protecting  Work. 

(G)  Limits  of  Work:  "In  no  case  shall  the  contractor  be  allowed  to  work 
any  trench  more  than  four  hundred  (400)  feet  in  advance  of  the  pipe  laying 
unless  otherwise  permitted  in  writing  by  the  engineer,  and  in  all  cases  the 
refilling  shall  be  kept  within  200  feet  of  the  completed  pipe  laying,  unless 
otherwise  given  in  writing." 

(H)  Bracing,  Sheeting  and  Shoring:  a.  Shaft  and  Tunnel. — "The  contrac- 
tor shall  furnish  and  place  all  necessary  bracing  and  shoring  for  preventing 
caving  in  the  shaft,  or  tunnels  to  be  built  under  this  contract.  The  con- 
tractor shall  so  protect  his  work  from  caving  that  it  shall  cause  no  settle- 
ment or  injury  to  the  walls  of  the  pumping  station  or  reservoir,  or  to  the 
foundations  of  the  same,  or  to  the  foundations  of  any  machinery  installed 


Operations  349 

therein,  and  he  shall  make  or  cause  to  be  made,  or  shall  pay  the  cost  of  mak- 
ing any  repairs  to  the  city  property  damaged  directly  or  indirectly  by  his 
operations." 

b.  Sheeting  Excavation. — "In  all  cases  when  necessary  to  prevent  the 
caving  of  banks,  the  contractor  shall  furnish  and  put  in  suitable  bracing  or 
sheeting  at  his  own  expense  and  remove  the  same  when  the  trenches  are 
refilled." 

c.  Removing   Bracing,   etc.— "Before   the   refilling,   all   shoring,   bracing, 
etc.,  shall  be  removed  from  the  trenches,  but  shall  be  removed  only  as  the 
filling  progresses  in  order  to  keep  the  trench  from  extensive  caving." 

(I)  Protection,  Care  and  Maintenance  of  Traffic:  a.  Bridging  Trench. — 
"Should  occasion  require  on  any  of  the  business  streets,  or  in  any  street, 
the  importance  of  which  as  a  thoroughfare  is  great  enough  to  make  it  neces- 
sary to  do  so,  of  which  the  city  shall  be  judge,  the  contractor  shall  properly 
bridge  the  trench  to  permit  a  safe  crossing  of  traffic." 

§  215.  (J)  Obstructions. — Improvements  Encountered. 

a.  Obstructions. — "When  necessary  to   cross   or  interfere  with   existing 
culverts,  drains  or  pipes  of  any  kind  or  description  which  may  be  so  located 
in  said  streets,  or  any  railroads,  side  tracks  or  other  constructions,  which 
may  be  located  in  said  street,  notice  shall  be  given  to  the  city,  and  the  work 
shall  be  done  in  accordance  with  the  direction  of  said  city  or  its  represen- 
tative.     All  objects  requiring  it  shall  be  sustained  in  place  until  the  work 
is  completed  and  any  damage  caused  shall  be  thoroughly  repaired,  and  all 
work  requiring  strengthening  to  meet  any  additional  strain  caused  by  such 
excavation  shall  be  properly  made  by  the  contractor  to  the  full  satisfaction 
of  the  city. 

"All  repairs  of  injury  to  pipes,  drains  or  other  obstacles  encountered  in 
or  on  the  street,  shall  be  properly  made  before  filling  over  and  around  the 
same." 

b.  Replacing  improved  surfaces. — "In  all   cases  the   class   of  pavement 
before  existing  shall  be  carefully  replaced  so  as  to  be  in  every  way  equal  to 
the  original  surface  in  material  and  workmanship  as  far  as  practicable.      In 
improved  streets  and  through  the  business  portion  of  the  town,  the  contractor 
shall  thoroughly  tamp  the  material  from  the  pipe  to  the  surface  so  that  no 
after-settlement  shall  occur." 

c.  "The  contractor  shall  do  whatever  may  be  necessary  to  keep  in  posi- 
tion, and  to  protect  from  injury  all  water,  gas  pipes,  service  pipes,  lamp 
posts,  poles,  and  all  other  fixtures  which  may  be  encountered  in  carrying  on 
the  work.      In  case  any  of  the  said  pipes,  posts,  poles,  or  other  fixtures  be 
damaged,  they  shall  be  repaired  by  the  parties  having  control  of  the  same, 
and  the  expense  of  such  repairs  shall  be  deducted  from  the  amounts  which 
may  become  due  the  contractor." 

§  216.  (K),  (L),  (M)  and  (N)  Pumping  Methods,  etc. 

(K)  Pumping  and  draining:  a.  Trenches. — "During  the  trenching  and  the 
laying  of  the  pipe,  the  contractor  shall  properly  dispose  of  all  drainage  or 
water  seeking  the  trenches,  by  the  employment  of  suitable  flumes  for  con- 
ducting the  water  from  the  work,  or  by  doing  all  necessary  pumping  and 


350  Specifications  for  Processes 

bailing.  He  shall  provide  for  all  waterways,  ditches  or  sewers  intercepted 
during  the  progress  of  the  work,  and  replace  them  in  as  good  and  satisfac- 
tory condition  as  they  were  before  they  were  disturbed,  before  the  work 
will  be  accepted." 

b.  Shaft  and  Tunnels. — "During  the  construction  and  until  the  work  is 
completed  and  accepted,  the  contractor  shall  promptly  and  properly  dispose 
of  all  drainage  water  seeping  into  the  shaft  or  tunnels  by  doing  all  necessary 
pumping  and  bailing,  and  he  shall  furnish  all  necessary  machinery  and  ap- 
paratus therefor." 

(L)  System  of  Excavation:  a.  Trenches. — "All  excavation  shall  be  done 
by  open  cut  from  the  surface.  Trenches  for  pipe  sewers,  shall  be  eighteen 
inches  wider  than  the  diameter  of  the  pipe.  The  bottom  of  all  trenches, 
whether  for  pipe  or  brick  sewers,  must  be  as  far  as  practicable  excavated  to 
the  exact  form  and  size  of  the  lower  half  of  the  pipe,  or  sewer,  to  be  laid 
therein.  Suitable  holes  shall  be  cut  for  the  pipe,  bells,  and  for  the  proper 
fitting  of  all  junctions  when  needed." 

b.  Trenching. — "The  excavation  will,  in  all  cases,  be  continued  from  the 
surface  to  the  bottom  line  of  the  same,  unless  otherwise  specially  permitted  in 
writing  by  the  city.  The  trench  shall  be  properly  and  smoothly  bottomed 
so  that  the  pipe  will  have  a  full  length  support.  In  excavating  through 
improved  street  surfaces,  the  material  shall  be  carefully  removed  and  kept 
free  from  the  other  material  excavated  from  the  trenches. 

"In  order  to  facilitate  traffic  and  interfere  with  the  use  of  the  public 
streets  as  little  as  possible,  all  trenches  having  an  average  depth  of  eight 
feet  or  more  shall  be  excavated  by  the  use  of  an  overhead  conveyor  system 
with  which  the  material  excavated  on  one  portion  of  the  work  shall  be 
dumped  directly  into  the  trench  in  which  the  sewer  is  already  completed. 

(M)  Filling : Aqueduct  Embankments. — "The  material  is  to  be  deposited 
and  spread  in  horizontal  layers  not  exceeding  3  inches  in  thickness,  each 
layer  to  be  sufficiently  watered  and  very  thoroughly  rolled  with  a  heavy 
grooved  roller.  From  time  to  time  during  the  construction  of  this  portion 
of  the  embankments,  and  if  so  required,  three  times  after  its  completion, 
this  portion  shall  be  so  thoroughly  saturated  with  water  that  it  will  stand 
upon  the  surface. 

"The  building  of  the  aqueduct  upon  such  foundation  embankments  shall 
not  be  begun  until  they  have  stood  six  weeks  after  completion,  unless  other 
wise  directed.  (Met.  Water  &  Sewerage  Board.) 

(N)  Drilling,  Channeling,  Blasting  and  Quarrying:  a.  Shaft  and  Tun- 
nel.—"If  blasting  is  necessary  in  the  removal  of  rock  from  said  shaft  or 
tunnels,  due  care  shall  be  taken  to  protect  all  finished  masonry  or  other 
work  or  material  in  said  shaft  or  tunnels  from  injury  due  to  the  blasting. 
All  blasting  shall  be  carefully  covered  and  all  blasts  shall  be  fired  by  means 
of  electric  igniter  and  detonating  caps,  and  not  by  fuses." 

b.  Canal— "The  contractor  is  to  furnish  all  explosive  compounds  for 
blasting  the  material  provided  to  be  excavated  under  this  contract;  and, 
whereas,  the  storing,  handling,  and  use  of  so  large  amount  of  explosive 
material  requires  the  utmost  care  and  discrimination,  it  is  therefore  under- 
stood and  agreed  that  the  said  contractor  shall  arrange  for  the  storage  of 
all  explosive  material  at  a  distance  not  less  than  600  feet  from  the  work, 
or  from  any  other  magazine,  or  from  any  dwelling  occupied  as  a  habitation, 


Operations  351 


and  that  not  more  than  5,000  pounds  shall  be  kept  in  one  place.  It  is  fur- 
ther understood  and  agreed  that  said  explosive  material  shall  in  no  case 
be  brought  unto  the  work  except  when  needed  for  the  purpose  of  charging 
the  blast  holes,  and  then  only  in  such  quantity  as  is  needed  for  the  particu- 
lar work  in  hand,  and  that  none  but  skilled  and  careful  men  shall  be  em- 
ployed in  the  handling  or  use  of  said  explosive,  and  that  no  liquid  explosive 
shall  be  used. 

"It  is  further  understood  and  agreed  that  the  ground  surrounding  all 
magazines  shall  be  kept  free  of  vegetable  or  combustible  material  for  a  radius 
of  one  hundred  feet,  and  that  their  walls  shall  be  bullet  proof,  to  a 
height  of  one  foot  above  the  contained  explosives,  and  that  in  no  case  shall 
they  be  made  of  brick  or  stone.  It  is  also  understood  and  agreed  that  such 
signals  of  danger,  as  may  be  directed  by  the  engineer,  shall  be  given  or 
displayed  before  the  firing  of  any  blast,  and  that  the  said  contractor  shall 
conform  his  acts  to  and  obey  all  rules  and  regulations  relative  to  the  hand- 
ling of  explosives  and  the  firing  of  blasts,  for  the  protection  of  life  or  prop- 
erty, which  may  be  made  by  the  engineer  from  time  to  time."  ('Spec.  San. 
Dist.  of  Chicago.) 

§  217.  (O)  Disposal  of  Material  and  (P)  Overhaul. 

(O)  Disposal  of  Material:  a.  Shaft  and  Tunnel. — "The  material  from  the 
shaft  or  tunnels  shall  be  deposited  at  the  point  directed  by  the  engineer,  the 
distance  to  which  shall  not  exceed  three  hundred  feet  from  the  top  of  the 
shaft" 

b.  Street  Work. — "All  excavated   material  shall  be  disposed  of  as  fol- 
lows:    First,  it  shall  be  used  to  make  any  fills  necessary  to  bring  the  foun- 
dation of  the  street  to  the  proper  grade;  second,  it  shall  be  deposited  on  any 
street  or  alley  or  lot  or  parcel  of  land  within  one  thousand  feet  of  the  place 
of  excavation,  which  may  be  selected  or  designated  by  the  engineer,  and  third, 
the  balance  of  said  material  shall  be  removed  from  said  street  by  the  con- 
tractor  at   his   own   expense,   and   may   be   sold   or   otherwise   disposed    of 
as  he  may  elect. 

"The  city  reserves  the  right  to  all  cobble  stones,  gutter  crossings  and 
cross  walk  stone  in  good  condition,  after  the  same  have  been  taken  up  by 
the  contractor,  who  shall  use  due  care  in  handling  the  same  so  as  not  to 
break  them,  and  shall  carefully  pile  the  same  at  such  points  on  intersecting 
streets  as  the  engineer  may  direct." 

c.  Trenches. — "The  material  from  the  trenches  shall  be  so  deposited  as 
to  interfere  as  little  as  possible  with  public  travel  or  the  convenience  of 
the  residents  on  the  thoroughfare  in  which  the  excavation  is  made." 

d.  Trenches. —  (a)  The  excavated  material  or  other  material  used  on  the 
work  shall  be  laid  compactly  on  the  sides  of  the  trench,  and  kept  piled  or 
trimmed  up  so  as  to  be  of  as  little  inconvenience  as  possible  to  the  traveling 
public  and  adjoining  tenants. 

(b)  Said  material  shall  not  obstruct  the  gutter  of  any  street,  and  all 
proper  measures  shall  be  taken  to  provide  for  the  free  passage  of  surface 
water  along  the  gutters. 

(e)  Canal. — The  contractor,  except  as  hereinbefore  specified,  is  to  dis- 
pose of  all  material  to  be  excavated  under  the  terms  of  this  contract  at  his 
own  expense,  and  in  the  most  convenient  manner,  in  waste  banks  on  the 


352  Specifications  for  Processes 

right  of  way;  provided,  that  the  foot  of  the  inner  slopes  of  said  banks  shall 
not  be  nearer  to  the  edge  of  the  main  channel  than  50  feet,  measured  at 
an  elevation  of  10  feet  above  datum,  and  that  the  foot  of  the  outer  slope 
shall  not  approach  the  margin  of  the  right  of  way  closer  than  10  feet,  nor 
encroach  on  the  channel  of  the  Desplaines  river  as  finally  established,  and 
so  as  to  materially  interfere  with  the  flow  thereof;  the  slopes  next  the  chan- 
nel and  said  margin  of  river  to  be  not  less  than  one-half  to  one,  and 
said  waste  banks  to  be  within  the  limits  of  450  feet  from  the  edge  of  the 
main  channel,  and  provided  that  this  shall  not  be  construed  to  prevent  any 
other  disposition  of  the  material  with  the  consent  of  the  engineer."  (Spec. 
San.  Dist.  of  Chicago.) 

(P)  Overhaul. — "All  material  shall  be  delivered  at  such  points,  within 
fifteen  hundred  feet  of  the  work,  as  the  engineer  may  direct.  On  any  ma- 
terial delivered  at  a  greater  distance,  'overhaul'  will  be  allowed  for  each  one 
hundred  feet  in  accordance  with  the  prices  named  in  the  accepted  and  at- 
tached proposal. 

§  218.  (Q),  (R),  (S)  and  (T)  Completion  and  Maintenance. 

(Q)  Grading,  Leveling  and  Dressing,  (a)  "The  slopes  of  the  embank- 
ment shall  be  carefully  and  evenly  dressed  to  the  lines  given;  all  to  the 
satisfaction  of  the  engineer." 

b.  "The  slopes  shall  be  carefully  brought  to  the  proper  sub-grade  and 
dressed  with  four  inches  of  loam  of  approved  quality." 

(R)  Sodding  and  Seeding,  (a)  Sodding. — "After  the  slopes  are  dressed 
to  grade  they  shall  be  sodded  with  fresh  cut  sod  carefully  pinned  in  place, 
which  shall  be  kept  well  watered  for  30  days  thereafter." 

b.  Seeding — "After  the  slopes  are  covered  with  a  loam  dressing,  as 
elsewhere  specified,  they  shall  be  carefully  seeded  with  blue  grass,  and  also 
sown  with  oats  to  protect  the  young  grass.  The  seeding  shall  be  carefully 
watered  for  30  days  thereafter. 

(S)  Continuous  Prosecution  of  Work. — "Should  treacherous  material 
be  encountered  such  as  quicksand,  running  sand,  etc.,  and  the  conditions 
of  the  work,  in  the  opinion  of  the  engineer  so  demand,  the  work  shall  be 
pushed  with  the  utmost  vigor  and  shall  be  carried  on  continuously  night 
and  day." 

(T)  Maintenance,  a.  "All  embankments  are  to  be  maintained  for  one 
year  after  completion,  and  any  erosions  shall  be  carefully  filled  and  com- 
pacted, and  the  work  shall  be  left  in  condition  satisfactory  to  the  engineer 
at  the  end  of  the  year  period. 

§  219.  Assignments  on  Specifications  for  Earth  and  Rock 
Work. — The  student  should  select  one  or  more  of  the  following  sub- 
jects and 

First :  Outline  the  various  subject  headings  which  should  be  in- 
cluded in  a  specification  for  the  required  work ;  and 

Second :  Prepare  or  select  proper  specifications  which  will  assure  a 
correct  understanding  of  the  nature  of  and  the  manner  in  which  the 
required  work  is  to  be  done. 


Assignments  for  Students  353 

NOTE. — In  each  case  it  will  be  desirable  to  give  the  subjects  a  local 
significance  by  applying  the  work  to  local  conditions  that  can  be  inves- 
tigated, and  by  giving  definite  dimensions  to  the  work. 

Excavation  and  Grading: 

Excavation  for  the  basement  and  foundations  of  a  building. 

Grading  around  a  public  building. 

Grading  an  athletic  field. 

Grading  a  city  block  for  building  purposes. 

Regrading  a  hilly  portion  of  a  city  (hydraulic  process). 

Grading  a  street  through  a  considerable  rise. 

Excavation  for  pavement  and  preparation  of  subgrade. 

Stripping  and  Grubbing: 

Stripping  surface  for  reservoir. 

Stripping  surface  for  quarry  or  open  mine. 

Fills  and  Embankments: 

Filling  across  a  ravine  for  highway  purposes. 
Construction  of  levee  by  scrapers. 
Construction  of  levee  by  machinery. 
Construction  of  a  railway  fill  by  scrapers. 
Construction  of  a  railway  fill  by  steam  shovels  and  cars. 
Excavation  for  culvert  under  railway  in  operation. 
Construction  of  earthen  reservoir  dam  by  scrapers. 
Construction  of  earthen  reservoir  dam  by  cars. 
Construction  of  earthen  reservoir  dam  by  machine  work. 
Construction  of  earthen  reservoir  dam  by  hydraulicing. 

Ditching  and  Dredging: 

Construction  of  an  irrigation  canal,  hand  finished  for  lining. 
Construction  of  drainage  (or  irrigation)  ditch  by  hand  work. 
Construction  of  drainage  (or  irrigation)   ditch  by  scrapers. 
Construction  of  drainage  (or  irrigation)  ditch  by  machinery. 
Dredging  a  river  bed  for  boat  channel. 
Dredging  a  river  or  lake  for  a  dock. 
Excavation  within  cofferdam  for  dam  foundations. 
Excavation  within  cofferdam  for  pier  foundation. 

Shaft  and  Tunnels: 

Construction  of  tunnel  in  earth  for  railway. 
Construction  of  tunnel  in  earth  for  aqueduct. 
Excavating  a  dug  well. 
Excavating  a  mine  shaft. 


354  Specifications  for  Processes 

Trenching: 

Construction  of  trench  for  pipe  sewer. 
Construction  of  trench  for  brick  sewer. 
Construction  of  trench  for  concrete  sewer. 
Construction  of  trench  for  water  pipe. 
Construction  of  trench  for  electric  conduits. 
Construction  of  trench  for  electric  cable. 
Miscellaneous: 

Excavation  for  transmission  tower  base  in  hard  ground. 

§  220.  Assignments  of  other  Fundamental  Processes. 
Bank  Protection: 

Furnishing  and  placing  heavy  riprap. 

Furnishing  and  placing  riprap  paving. 

Furnishing  and  placing  block  stone  paving. 

Furnishing  and  placing  rock  filled  timber  cribs. 
Brick  Masonry: 

Laying  common  brick  in  walls  of  building. 

Laying  fire  brick  and  common  brick  in  boiler  setting. 

Laying  face  brick  in  building  fronts  or  enameled  brick  in  engine 
room  wall. 

Laying  hard  brick  in  boiler  room  floor  or  sidewalk. 

Laying  brick  in  sewers,  chimneys  or  pavements. 

Laying  common  brick  in  bus  bar  compartments. 
Brush  Mattress: 

Making  and  placing,  including  covering  with  riprap  and  sinking. 
Carpenter  Work: 

Constructing  concrete  forms  (finished  work  or  rough  work). 

Framing  timbers  for  crib  dams  or  trestle  \vork. 

Framing  timbers  for  headings  and  tunnels  or  shafts. 
Coffer  Dam: 

Clay  embankment  (for  shallow  water). 
•    Sand  and  clay  embankment  with  sheet  piling  inner  wall. 

Two  rows  of  sheet  piling  filled  with  puddle. 

Rock-filled  crib  with  outer  sheeting  of  wood. 

Rock-filled  crib  with  outer  sheeting  of  steel. 
Concrete  Work — Plain  or  Reinforced: 

Making  concrete  (mixture7)  and  placing  foundation  of  roads  or 
machinery. 

For  retaining  wall  or  piers  and  abutments. 


7  Mixture  to  be  selected  or  assigned. 


Assignments  for  Students  355 

For  sidewalk,  floors  or  curb  and  gutters. 

For  arched  bridge  or  culverts. 

For  ditch  or  tunnel  lining. 
Concrete  Work — Reinforced : 

For  fence  posts,  bearing  piles  or  transmission  poles. 

For  reservoirs — walls  and  bottom  or  lining. 

For-beams,  slabs  or  columns. 

For-sewer  pipe  or  culverts. 
Fencing: 

Railroad  right  of  way  or  highways. 

Farm  property  for  horses,  cattle  or  poultry. 
Highway  and  Street  Construction: 

Foundations  of  gravel,  cinders,  concrete,  broken  stone  or  Tel  ford. 

Surface  of  gravel  or  crushed  granite. 

Macadam   (water  bound,  oil  bound  or  with  bituminous  wearing 
surface). 

Cedar  block,  Douglas  fir  block  or  creosoted  wood  block. 

Vitrified  brick  or  stone  blocks,  sheet  or  block  asphalt. 
Machinery  and  Appurtenances: 

Furnishing  steel  castings  for  gears. 

Furnishing  steel  forging  for  connecting  rods  or  shafting. 

Furnishing  iron  castings  for  engine  cylinders  and  machine  frames. 

Furnishing  castings  for  large  gears  (uncut  or  cut  gears). 

Furnishing  brass  castings  for  bearing  boxes. 
Machine  Shop  Work: 

Boring  engine  cylinder. 

Forming  and  finishing  piston  rod  and  connecting  rod. 

Making  and  furnishing  bolts  and  nuts  (ordinary  or  finished  work). 

Riveted  work  for  large  penstock  or  turbine  housing. 

Riveted  work  for  ordinary  return  tubular  boiler. 

Riveted  work  for  best  Scotch  marine  boiler. 

Riveted  work  for  house  tank  or  standpipe. 
Painting: 

Steel  bridge  or  steel  poles  and  towers. 

Frame  building  (exterior)  or  windows  and  door  frames  of  brick 
power  house. 

Steel  standpipe  or  steel  penstock. 

Interior  steel  trusses  of  .power  house  or  plaster  walls  of  engine 
room. 

Finishing  hard  pine  floor  or  wainscoting  of  engine  room. 


356  Specifications  for  Processes 

Piling: 

Driving  bearing  piles   for   foundation   of  power  station   or  brick 

chimney. 

Driving  sheet  piling  in  a  dam  foundation  of  wood  or  of  steel. 
Driving-concrete  bearing  piles  or  casting  concrete  bearing  piles  in 

place. 
Sawing  off  round  piles  under  water  or  cutting  off  steel  piles  in 

place. 
Pipe: 

Furnishing  and  laying  lead  joints  or  flange  joints. 
Furnishing  and  laying  concrete  sewer  pipe  or  reinforced  concrete 

conduit. 

Furnishing  and  laying  vitrified  sewer  pipe. 
Furnishing  and  laying  riveted  steel  pipe. 
Piping  for  connecting  steam  engine  and  boiler  of  steam  engine  and 

condenser. 

Covering  exposed  water  pipe  over  bridge  or  to  elevated  tank. 
Plastering,  etc.: 

Placing  wood  lath  or  metal  lath. 

Placing  back  plastering,  scratch  coat,  brown  coat  or  finishing  coat. 
Rock  Work: 

Quarrying  stone  for  building,  rubble,  concrete  or  riprap. 
Excavating  rock  for  railway  cut  (in  dry)  or  navigation  canal. 
Excavating  rock  for  shaft  or  tunnel. 
Roofing: 

Laying  shingles  of  wood,  asbestos  or  slate. 
Laying  roof  of  slate,  tile,  tar  and  gravel,  composition  or  metal. 
Stone  Masonry: 

To  cover  size,  laying,  bond,  joints,  etc. 
To  cover  bridge  pier  masonry  of  coursed  ashlar. 
To  cover  building  pier  of  uncoursed  rubble. 
To  cover  dam  of  broken  ashlar. 
To  cover  retaining  wall  of  coursed  rubble. 
To  cover  wall  of  building,  random  range  ashlar. 
To  cover  buildings,  dressed  faced  coursed  ashlar. 
Transmission  Line  : 

Framing  and  erecting  timber  poles. 

Stringing  conductors  and  galvanized  steel  ground  wire. 
Setting  concrete  bases  or  distributing  tower  material. 
Assembling  and  erecting  towers  and  hanging  insulators, 


CHAPTER  XIX 
SPECIFICATIONS  FOR  MACHINERY  AND  APPARATUS 

§  221.  Divisions. — Specifications  for  machinery  and  apparatus 
may  be  divided  into  three  classes. 

First.  General  specifications  are  usually  prepared  for  occasions 
when  it  is  proposed  to  purchase  standard  designs  of  manufactured  ma- 
chinery. Such  specifications  should  definitely  designate : 

A.  The  kind  and  number  of  machines  to  be  furnished. 

B.  The  purpose  for  which  they  are  to  be  used. 

C.  The  capacity. 

D.  The  condition  of  operations. 

E.  The  conditions  of  delivery,   foundations  and  erection. 

F.  The  tools  and  appurtenances  required. 
6".  The  time  of  delivery. 

H.  The  specification  may  also  include  such  other  special  require- 
ments in  regard  to  type  of  machine  desired  as  will  confine  the  b'dders 
to  the  machine  more  nearly  fitted  for  the  requirements  of  the  condi- 
tions. 

/.  The  requirement  of  full  specifications  from  the  bidder  as  to 
the  particular  characteristics  of  the  machine  he  proposes  to  furnish. 

Second.  Detailed  specifications  are  usually  prepared  for  occa- 
sions when  it  is  proposed  to  purchase  machines  which  are  designed 
by  the  manufacturer  but  which  are  manufactured  to  order  and  are 
more  or  less  special,  in  accordance  with  the  demands  of  the  purchaser. 

Such  specifications  not  only  accurately  define  the  requirements 
outlined  under  "General  Specifications"  but  also  describe  at  consid- 
erable length  the  requirements  for  material,  workmanship,  finish  and 
strength  of  all  or  the  principal  parts  of  the  machine  to  be  furnished. 

Third.  Design  specifications  are  usually  accompanied  by  com- 
plete detailed  plans,  and  designate  definitely  and  minutely  in  full  de- 
tail every  part  and  portion  of  the  machine  to  be  provided,  describing 
the  material  from  which  it  is  to  be  made,  its  qualities  and  strength, 
the  workmanship  and  finish,  and  the  weight,  size  and  dimensions  of 
all  parts. 

The  above  divisions  are  more  or  less  arbitrary  and  in  practice 
such  specifications  often  grade  imperceptibly  from  one  to  the  other. 


358  Specifications  for  Machinery 

§  222.  General  Specifications. — In  general  specifications  for  ma- 
chinery and  appurtenances,  all  essential  requirements  of  the  machine 
needed,  and  the  work  to  be  done  by  it,  should  be  specified.  These 
should  be  given  in  sufficient  detail  so  that  manufacturers  may  under- 
stand what  class  of  machinery  is  desired  or  what  class  is  best  adapted 
to  the  work.  In  such  specifications,  all  general  requirements  that  are 
fixed  by  the  conditions  should,  so  far  as  possible,  be  specified.  If  the 
machine  must  be  horizontal  or  vertical,  if  its  size  must  be  limited,  or 
if  there  are  any  other  requirements  which  are  definite  and  can  be 
fixed,  they  should  be  stated.  The  conditions  of  installation  and  the 
other  requirements  for  a  pump  will  usually  determine  whether  it 
should  be  a  steam  pump  or  a  power  pump,  and  if  the  latter,  whether 
it  should  be  reciprocating  or  centrifugal.  If  a  power  pump  is  re- 
quired, the  prime  mover  to  be  used  is  usually  known,  and  whether  it 
will  be  operated  by  rope  drive,  belt  or  by  direct  connection. 

The  requirements  for  a  steam  engine  will  usually  determine 
whether  it  should  be  simple  or  compound,  condensing  or  non-condens- 
ing, and  probably  define  certain  other  features  which  should  be  spe- 
cified. 

Unless  the  specifications  limit  the  most  common  details,  the  bids 
under  them  will  often  embrace  an  exceedingly  great  variety  of  ma- 
chinery which  will  differ  widely  in  the  manner  in  which  it  will  fulfill 
the  requirements.  Such  a  multitude  of  proposals  for  a  great  variety 
of  machines,  differing  widely  in  character,  will  be  difficult  of  com- 
parison even  when  the  engineer  is  thoroughly  familiar  with  the  type  of 
machinery  in  question  and  with  the  effect  of  changes  in  design  on  the 
economy  of  operation,  and  will  leave  the  novice  or  those  unfamiliar 
with  the  machinery  greatly  perplexed. 

General  specifications,  where  few  or  no  details  are  included,  arc 
best  adapted  to  occasions  on  which  the  competition  can  be  limited  to 
manufacturers  known  to  be  responsible  and  experienced,  and  whose 
line  of  goods  can  be  taken  largely  on  its  merit  with  little  or  no  ques- 
tion in  regard  to  the  character  of  material  or  of  details. 

Where,  as  in  the  case  of  public  lettings,  the  condition,  must  be 
opened  to  all,  and  the  award  must  be  made  to  the  lowest  responsible 
bidder,  such  specifications  do  not  offer  a  sufficient  protection  to  the 
purchaser,  and  greater  detail  is  essential.  For  such  lettings,  it  is  nec- 
essary to  protect  the  purchaser  from  unscrupulous  b'.dders,  and  the 
specifications  must  be  drawn  so  complete  as  to  prevent  the  use  of  im- 
proper material  and  construction. 


General  Specifications  359 

Limiting  Details. — It  is  usually  undesirable,  except  in  special 
cases,  to  limit  in  great  detail  the  dimensions  of  the  parts  of  standard 
machinery.  The  standard  machines  of  all  first  class  manufacturers 
possess  characteristics  peculiar  to  that  maker,  characteristics  on  which 
much  of  the  success  of  the  machinery  often  depends,  and  on  which 
the  reputation  of  the  manufacturer  has  been  established.  Specifica- 
tions requiring  changes  in  such  designs  should  seldom  be  written,  and 
then  only  when  the  peculiar  local  conditions  absolutely  require  such 
changes.  If  the  type  of  machinery  made  by  such  a  manufacturer 
comes  within  the  requirements  of  the  case  in  hand,  the  specifications 
should  be  drawn  so  broadly  as  to  admit  the  use  of  the  valuable  features 
of  all  first  class  makers.  For  example,  in  pump  and  engine  specifica- 
tions, it  is  usually  undesirable  and  unfair  to  specify  certain  exact  cyl- 
inder sizes  and  dimensions  for,  as  a  rule,  no  advantage  will  result,  and 
the  manufacturers  whose  standards  are  different  are  greatly  and  un- 
justly handicapped  thereby.  Similar  unnecessary  requirements  con- 
cerning the  exact  dimensions  of  other  portions  of  an  engine  or  of  other 
machines  should  be  avoided. 

§  223.  Selections. — Where  specifications  are  general  and  not 
specific,  the  standing  and  experience  of  the  maker  become  important 
and  an  investigation  of  his  general  reputation,  the  length  of  his  experi- 
ence, the  facilities  he  possesses  for  manufacturing,  and  the  design  and 
workmanship  of  the  machinery  ordinarily  made  by  him,  is  desirable. 
Frequently,  extensive  manufacturers  of  a  certain  class  of  machinery 
make  a  specialty  of  a  certain  type  or  capacity,  and  in  such  cases  may  not 
have  the  experience  necessary  for  the  successful  manufacture  of  ma- 
chinery of  a  different  type  or  capacity.  A  machine  furnished  and 
manufactured  by  such  parties  often  possesses  the  general  characters 
of  experimental  work,  and  is  likely  to  be  only  partially  successful. 
Letters  and  references  are  of  little  value  in  this  connection,  unless 
carefully  investigated  and  found  to  be  from  responsible  disinterested 
parties,  and  based  on  a  class  of  machinery  similar  or  identical  with  the 
class  needed  for  the  particular  purposes  at  hand. 

§  224.  Detailed  Specifications. — The  preparation  of  detailed 
specifications  departs  from  the  general  specifications  only  in  the  elabora- 
tion of  the  specification  of  details. 

Detailed  specifications  for  standard  machinery  can  generally  be 
drawn  in  such  a  manner  as  to  avoid  the  necessity  of  requiring  special 
machines.  The  general  details  adopted  by  first-class  manufacturers 
can  be  specified,  and,  where  practice  differs,  specifications  may  be  so 


360  Specifications  for  Machinery 

drawn  as  to  admit  the  alternative  of  two  or  more  first-class  methods  of 
manufacture.  Such  a  method  manifestly  demands  an  intimate  knowl- 
edge of  correct  practice,  but  such  a  knowledge  is  always  necessary  for 
correct  specification  writing. 

Considerable  experience  with  the  particular  kind  of  machinery  or 
apparatus  in  question  is  necessary  before  the  engineer  should  venture 
to  issue  specifications  in  great  detail.  The  builders  of  first-class  ma- 
chinery, who  are  usually  men  of  extensive  experience,  are  slow  to  take 
contracts  to  manufacture  machinery  which  is  more  or  less  special,  and 
which  may  depart  radically  from  the  types  or  details  they  have  found 
most  desirable  in  their  own  line.  Usually  such  specifications  should 
be  confined  to  requirements  for  workmanship  and  material,  ample 
dimension  and  strength,  and  other  requirements  which  will  assure 
first-class  construction  and  economy  of  operation  without  modifying 
seriously  the  fundamental  design  of  the  manufacturer. 

§  225.  Design  Specifications. — When  plans  for  a  machine  of 
new  design  are  prepared,  full  and  detailed  specifications,  describing  the 
character  of  material  and  workmanship  of  each  part,  are  essential  and 
should  accompany  the  working  drawings.  Such  specifications  admit 
of  great  elaboration,  but  even  in  these  cases  the  design  and  specifica- 
tions should  be  kept  within  standard  commercial  lines  with  regard  to 
sizes  of  rods,  bolts,  etc.,  wherever  possible.  Such  specifications  re- 
quire an  intimate  knowledge  of  the  principles  and  practice  of  design 
and  manufacture,  and  should  be  attempted  only  by  the  practicing  en- 
gineer of  experience. 

Contracts  for  special  machinery  of  any  kind  can,  of  course,  usu- 
ally be  placed,  if  such  machinery  is  essential  to  the  particular  installa- 
tion in  view.  Competition  for  such  work  however  is  limited,  and  the 
expense  of  departing  from  regular  designs  is  often  so  large  as  to 
to  make  the  price  of  special  machinery  considerably  greater  than  that 
of  regular  types.  This  is  essentially  true  of  machines  that  can  be 
classed  as  "standard,"  which  are  in  general  use  and  are  manufactured 
in  large  quantities.  In  other  classes  of  machinery  and  apparatus 
which  are  simple  in  design  and  more  or  less  special,  it  is  sometimes 
found  that  a  considerable  saving  can  be  made  over  prices  demanded 
by  manufacturers  for  the  adaptation  of  their  special  designs,  by  the 
preparation  of  detailed  plans  and  specifications  for  the  manufacture  of 
a  particular  machine  for  a  special  purpose  on  carefully  selected  and 
economical  lines. 

§  226.  Preparation  of  Specifications  for  Machinery. — In  general, 
whenever  a  specification  is  prepared  for  any  particular  machine,  it 


Preparation  of  Specifications  361 

must  contain  certain  information  which  will  be  necessary  as  a  basis 
for  any  intelligent  proposal  for  the  same.  Every  specification  must 
be  complete  to  this  extent,  even  though  it  be  in  the  simplest  possi- 
ble form,  such  as  a  letter  of  inquiry  for  prices  on  the  machine  desired. 

From  such  a  simp1e  form,  the  specifications  may  be  elaborated  to 
the  extent  that  the  engineer  finds  it  desirable  to  be  more  explicit  as  to 
his  requirements  for  certain  specific  features,  and  even  to  the  extent 
of  including  full  detailed  specifications  (together  with  full  detailed 
plans)  for  the  size,  dimensions,  material  and  workmanship  for  each 
and  every  part  of  the  entire  machine. 

In  considering  the  simplest  requirements  for  machinery  specifica- 
tions on  which  an  intelligent  bid  may  be  made,  certain  data  are  found 
to  be  absolutely  essential  and  certain  other  data  are  desirable.  These 
may  be  classified  as  : 

A.  Specifications  which  must  always  be  included,  and 

B.  Specifications  which  should  be  included  when  practicable. 

In  the  preparation  of  specifications  for  machinery  or  apparatus, 
it  is  essential,  especially  for  the  young  or  inexperienced  engineer,  to 
prepare  an  outline  for  the  general  requirements  which  should  be  em- 
bodied in  the  specifications  for  the  machine  or  apparatus  under  con- 
sideration. The  manner  in  which  this  may  be  done  is  shown  in  the 
following  outlines  which  have  been  used  for  some  years  by  the  author 
in  his  own  professional  practice. 

§  227.  General  Requirements  for  Specifications  for  Steam  Boilers. 
A.     Specifications  for  steam  boilers  must  always  include: 

(a)  Number  of  boilers  required. 

(b)  Steam  pressure  which  the  boilers  will  be  called  upon  to  furnish. 

(c)  Boiler  capacity  required — 

Boiler  horse  power. 

Number   of   pounds   of   dry   steam   at   specified   pressure   horse 

power  and  description  of  machinery  for  which  steam  is  to  be 

furnished. 

(d)  Purpose  for  which  boilers  are  desired. 

(e)  Boilers  to  be  delivered  where. 

(f)  Foundations  and  settings  to  be  furnished  by  whom. 

(g)  Boilers  to  be  erected  by  whom. 

(h)   Specify  tools,  fittings  and  equipment  to  be  furnished  with  boiler, 

which  may  include  some  of  the  following: 
Complete  boiler  settings. 
Grates,  plain  or  rocking. 
Smoke  stacks  and  guys. 


362  Specifications  for  Machinery 

Furnace  tools. 

Safety  valve. 

Steam  gauge,  with  siphon. 

Water  gauge  with  stand  pipe. 

Gauge  cocks. 

Blow  off  valve. 

Check  valve. 

Stop  valve. 

Whistle  steam  piping  and  covering, 
(i)   Time  of  delivery, 
(j)   The  bidder  should  be  required  to  specify: 

Diameter  of  boiler. 

Length  of  boiler. 

Number,  diameter  and  length  of  flues  or  water  tubes. 

Weight  of  boiler. 

Weight  of  fixtures. 

Thickness  of  shell. 

Thickness  of  head. 

(k)  Bidder  should  be  required  to  furnish  setting  diagram  showing 
floor  space  occupied,  and  position  of  all  pipes  and  connec 
tions,  or  catalogue  cuts  or  prints  showing  the  type  of  boiler 
offered. 

(1)  It  is  desirable  to  require  the  bidder  to  submit  detailed  specifica- 
tions describing  the  general  and  particular  features  in  the 
construction  of  the  boiler  on  which  the  proposition  is  sub- 
mitted. 

(m  Avoid  so  far  as  possible  specifying  exact  dimensions  of  features 
mentioned  under  "j,"  or  all  detailed  specifications  requiring 
departures  from  the  maker's  standard,  mean  extra  and  often 
unnecessary  expense. 

B.     Boiler  specifications  should  also  include: 

(a)  Position — vertical  or  horizontal. 

(b)  Type: 

Plain  cylinder. 

Return  tubular. 

Locomotive. 

Scotch  marine,  or 

Other  internally  fired  boiler. 

Water  tube. 

(c)  Economy: 

Efficiency  or  economy  required. 
Tests  to  be  exacted. 

(d)  Guarantee,  insurance  and  forfeiture: 

Guarantee  and  insurance  for  one  year  against  accident  due  to 

poor  workmansnip  or  material. 
Forfeiture  for  delay  and  premium  for  early  completion. 

(e)  Payments.  ™  ^  "' 


Steam  Engine  363 

§  228.  General  Requirements  for  Specifications  for  Steam  En- 
gines. 

A.     Specifications  for  steam  engines  must  always  include: 

(a)  Number  of  engines  required. 

(b)  Steam  pressure  under  which  the  engines  will  be  operated. 

(c)  Horse  power  required. 


C  Direct-connection  to  drive 

i 


What  ma- 


(d)  Engines  to  be  used  for  J  Belt-connection  to  drive  chiner   ? 

[Rope  transmission  to  drive 

(e)  Engines  to  be  delivered  where. 

(f)  Foundations  to  be  built  by  whom. 

(g)  Engines  to  be  erected  by  whom. 

(h)  Specify  tools,  fittings  and  equipment  to  be  furnished  with  engine, 
which  may  include  some  of  the  following: 

Sub-base. 

Indicator  connections. 

Steam  separator  and  trap. 

Driving  pulley,  clutch  couplings,  or  other  connections. 

Governor  size — if  throttling. 

Steam  pipes  and  covering. 

Drain  or  drip  pipes. 

Throttle  valve. 

Oiling  devices. 

Foundation  bolts. 

Tools  and  wrenches, 
(i)   Time  of  delivery. 

(j)  The  bidder  should  be  required  to  state  the  dimensions  of  the  fol- 
lowing parts  of  the  machine  on  which  he  bids: 

Diameter  of  cylinder  or  cylinders. 

Length   of  stroke. 

Diameter  and  length  of  main  bearings. 

Diameter  and  length  of  crank  pin. 

Diameter  and  length  of  cross  head  pin. 

Dimensions  cross  head  bearing  surface. 

Diameter  of  fly-wheel. 

Weight  of  engine. 

(k)  Bidder  should  be  required  to  furnish  setting  diagram  showing 
floor  space  and  position  of  pipes,  catalogue  cuts  or  prints 
showing  general  type  of  machine  offered. 

(1)  Avoid  as  far  as  possible  specifying  exact  dimensions  of  cylinders, 
specifications  describing  the  general  and  particular  features 
in  the  construction  of  the  machine  on  which  a  proposition  is 
submitted. 

(m)  Avoid  as  far  as  possible  specifying  exact  dimensions  of  cylinders, 
or  other  features  mentioned  under  "j,"  or  all  detailed  speci- 
fications requiring  departures  from  the  maker's  standards 
mean  extra  and  often  unnecessary  expense. 


364  Specifications  for  Machinery 

B.     These  specifications  should  also  include: 

(a)  Position — vertical  or  horizontal. 

(b)  Expansion — simple  or  compound;   cut-off;   cylinder  ratio;   number 

of  expansions  or  release  pressure. 

(c)  Condensing  or  non  condensing. 

(d)  Type: 

Slide  valve. 
Automatic. 
Corliss,  etc. 

(e)  Speed: 

Piston  speed. 

Number  of  revolutions,  or 

Speed  of  periphery  of  band  wheel. 

Where  the  engine  is  to  be  purchased  to  drive  a  particular  ma- 
chine, either  by  belt  rope  or  direct  connection,  the  speeds  of 
both  driver  and  driven  must  be  so  mutually  arranged  as  to 
obtain  the  required  results. 

(f)  Arrangement  of  crank : 

Center  crank. 
Side  crank. 

(g)  Regulation  and  economy: 

Regulation  or  limiting  variation  of  speed  under  variations  in 
loading 

Efficiency  or  economy  required. 

Test  to  be  exacted, 
(h)   Finish: 

Lagging. 

Painting. 

Polishing, 
(i)   Guarantee  and  forfeiture: 

Guarantee  for  one  year  against  breakage  due  to  poor  work  or 
material. 

Forfeiture  for  delay,  and  premium  for  early  completion, 
(j)  Payments. 

§  229.  General  Requirements  for  Specifications  for  Pumps. 
A.     Specifications  for  pumps  must  always  include: 

(a)   Number  of  pumps  required,  and  whether  steam  or  power  pumps, 
("b)   Steam  pressure  under  which  the  pumps  will  be  operated 

Water  pressure  which  the  pumps  will  be  required  to  furnish. 

(c)  Capacity  of  pumps  required  in  gallons  per  minute,  or  million  gal- 

lons per  day. 

(d)  Service  on  which  pumps  are  to  be  placed. 

Fire  service. 

Elevator  service. 

Direct  pressure  water  works  system. 

Pumping  into  a  stand-pipe. 

Pumping  into  a  reservoir. 

(e)  Pumps  to  be  delivered  where. 

(f)  Foundations  to  be  built  by  whom. 


Pumps  365 


(g)  Pumps  to  be  erected  by  whom. 

(h)   Specify  tools,  fittings  and  equipment  to  be  furnished  with  pumps, 

which  may  include  some  or  all  of  the  following: 
Indicator  connections  for  both  steam  and  water  end. 
Steam  pipe  connections  and  covering. 
Steam  separator  and  trap. 
Size  of  driving  pulley. 
Drain  or  drip  pipes  and  air  cocks. 
Throttle  valve. 
Oiling  devices. 
Foundation  bolts. 
Tools  and  wrenches, 
(i)   Time  of  delivery. 

(j)   Bidder  should  be  required  to  specify  diameter  of  cylinder  or  cylin- 
ders. 

Length  of  stroke. 
Weight  of  pump,  together  with  such  other  information  as  the 

particular  type  of  pump  purchased  will  ma"ke  desirable, 
(k)   Bidder  should  be   required  to   furnish  setting  diagram  showing 
floor  space  and  position  of  pipes  and  connections,  catalogue 
cuts  or  prints  showing  general  type  of  machinery  offered. 
(1)   In  general,  it  is  also  desirable  to  require  bidders  to  submit  detailed 
specifications  describing  the  general  and  particular  features 
in  the  construction  of  the  machine  on  which  the  proposition 
is  submitted. 
B.     These  specifications  should  also  include: 

(a)  Position — vertical  or  horizontal. 

(b)  Expansion — simple  or  compound. 

Cylinder  ratio. 

Number  of  expansions,  or  release  pressure. 

(c)  Condensing  or  non  condensing. 

(d)  Type: 

Single  cylinder  double  acting. 
Duplex  cylinder  double  acting. 
Crank  and  fly-wheel  high  duty. 

(e)  Speed: 

Piston  speed. 

Number  of  strokes  or  revolutions. 

(f)  Economy: 

Duty. 

Efficiency  or  economy  required. 

Test  to  be  exacted. 

(g)  Finish. 

Lagging. 
Painting. 
Polishing, 
(h)   Guarantees  and  forfeitures. 

Guarantee  for  one  year  against  breakage  due  to  poor  work  or 

material. 
Forfeiture  for  delay,  and  premium  for  early  completion. 


366  Specifications  for  Machinery 

(i)   Payments. 

§  230.  General   Requirements   for   Specifications   for   Electric 
Generator  or  Motor. 

A.     Specifications  for  electric  generators  or  motors  must  always  include: 

(a)  Number  of  machines  required. 

(b)  Class  of  machinery: 

Direct  current,  voltage,  winding  (shunt,  compound  or  series). 
Alternating  current: 

Voltage,   regulation,   frequency,   phase   and   power   factor   un- 
der which  machine  will  operate. 

(c)  Capacity  required  in  kilowatts  or  H.  P.  overload  requirements. 

(d)  Generator  or  motor  to  be  used: 

Direct  connected. 

Belt  connected,  or 

Rope  connected  to  what  machine. 

(e)  Machines  to  be  delivered  where. 

(f)  Foundations  to  be  built  by  whom. 

(g)  Machines  to  be  erected  by  whom. 

(h)   Specify  tools,  fittings  and  equipment  to  be  furnished  with  ma- 
chines, which  may  include  some  of  the   following: 
Switch-board    and    connections,    including    voltmeter,    ammeter, 

wattmeter,  lightning  arresters,  switches,  lights. 
Portable  measuring  apparatus,  including  voltmeters. 
Ammeters. 

(i)     Time  or  delivery, 
(j.)   The  bidder  should  be  required  to  specify  type  of  machine  on  which 

proposition  is  made. 
Number  of  revolutions. 
Diameter  and  length  of  main  bearings. 
Type  of  bearing. 

Efficiency  at  full,  three-quarters  and  half  load. 
Size  of  pulley  (if  used). 

Class  of  belt,  or  other  connecting  mechanism  to  be  furnished. 
Guaranteed  limit  to  heating  under  load. 

(k)  Bidder  should  be  required  to  furnish  setting  diagram  showing  the 
floor  space  and  position  of  connections,  catalogue  cuts  or 
prints  showing  general  type  of  machine  offered. 

(1)  In  general,  it  is  desirable  to  require  bidders  to  submit  detailed 
specifications  describing  the  general  and  particular  features 
in  the  construction  of  the  machine  on  which  the  proposition 
is  submitted. 

(m)  Avoid  as  far  as  possible  specifying  exact  dimensions  or  other 
features  mentioned  in  "j,"  for  all  detailed  specifications  re- 
quiring departures  from  the  maker's  standard  mean  extra 
and  often  unnecessary  expense. 

B.     Specifications  for  this  type  of  machinery  should  also  include: 
(a)   Greater  detail  concerning  type  of  machine  desired. 


Electric  Generator  367 

(b)  Speed: 

Necessary  specifications  controlling  speed,  modified  by  the  pur- 
pose for  which  machine  is  to  used. 

(c)  Regulation  and  economy: 

Regulation  limiting  variations  of  speed  under  variation  in  load. 
Efficiency  or  economy  required  under  variations  in  load. 
Test  to  be  exacted. 

(d)  Finish. 

(e)  Guarantee  and  forfeiture: 

Guarantee  for  one  year  against  injury  due  to  poor  work  or  ma- 
terial. 
Forfeiture  for  delay  and  premium  for  early  completion. 

(f)  Payments. 

§  231.  Assignments  for  Preparing  Outline  of  General  Require- 
ments for  Machinery  and  Apparatus. — The  preceding  examples  sim- 
ply outline  in  logical  order  the  general  requirements  for  those  features 
which  should  or  may  be  included  in  the  specifications  for  certain  ma- 
chines or  apparatus. 

The  student  should  select  one  or  more  of  the  following  subjects, 
and  should 

First:  Furnish  an  outline  of  the  requirements  which  should  or  may 
be  included  in  the  general  specifications. 

Second:  On  the  basis  of  the  outline  prepared  he  should  write  a  let- 
ter to  some  leading  manufacturer,  including  therein  all  data  necessary  to 
secure  an  intelligent  proposition  for  the  assigned  machine  or  apparatus. 

Third:  He  should  make  a  more  complete  outline  for  a  general  or 
detailed  specification,  arranging  in  logical  order  the  various  features  and 
subdivisions  which  should  be  included  in  the  specification  for  the  subject 
assigned  similar  to  the  examples  given  in  sees.  232  to  238  inclusive. 

Fourth:  He  should  prepare  a  general  or  detailed  specification  for 
the  selected  subject,  in  general  accordance  with  the  examples  given  in 
sees.  239  to  242  inclusive. 

§  232.  Subjects  for  Outlines  and  Specifications. 
Acetylene  Blowpipe  for  Welding. 
Air  Compressor. 
Air  Pump  for  Condenser. 
Ammonia  Compressor  for  Refrigeration. 
Ash  Handling  Machinery. 
Boiler— Fire  Box,  Scotch  Marine,  Water  Tube,   Steam  Heating  or  Hot 

Water  Heating. 
Condenser,  Surface  or  Jet. 

Conveyor,  Belt,  Bucket,  Cableway,  Screw  or  Helicoid. 
Cooling  Tower. 
Crane,  Traveling  or  Gantry. 


368  Specifications  for  Machinery 

Derrick,  Stiff  Leg  or  .Guyed. 

.Dredge,  Steam — Bucket. 

Drill,  Rock — Steam  Driven  or  Air  Driven. 

Drill,  Twist— Drill  Press. 

Economizer. 

Engine,   Internal  Combustion — Gasoline,  Kerosene  or  Producer  Gas. 

Engine,  Steam — Corliss,  Cross  Compound  or  Hoisting. 

Electric— Batteries,  (Storage)  Fuses,  Heaters,  Insulators,  Lamps 
(Arc),  Lightning  Arresters,  Meters,  Motor-generators,  Oil  Drying  Out- 
fit, Rectifiers,  Relays,  Regulators  (Constant  Current,  Feeder  or  Volt- 
age), Rheostats,  Switchboards,  Switches  (Air  Break  or  Oil),  Trans- 
former (Constant  Potential  or  Constant  Current). 

Elevator,  Hydraulic— Plunger  or  Accumulator. 

Elevator,  Electric. 

Forging  Press. 

Furnace— Automatic   Sto'king,  Foundry   Cupola  or  Hot  Air   Heating. 

Feed  Water  Heaters. 

Fan — Mine-blowers,  Dryers  or  Forced  Draft. 

Gas  Producer. 

Hoist— Mine  Hoist,  Tainter  Gate  Hoist. 

Hydrant  for  Fire  Protection. 

Pile  Driver — Drop  Hammer  or  Steam  Hammer. 

Pump— Boiler  Feed,  Centrifugal,  Condenser,  Power  (Triple  or  Deep 
Well). 

Pump — Simple  Single  Acting  Steam,  Sinking. 

Ram — Hydraulic. 

Steam  Shovel. 

Stokers — Mechanical. 

Turbine — Hydraulic  or  Steam. 

Valve — Foot,  Check,  Gate — for  Steam,  Water  or  Gas. 

Valve— Relief,  for  Water — Safety,  for  Steam  Boiler. 

§  233.  Preparation  of  Outline  for  More  Complete  Specifications. 
—The  previous  outlines  are  those  necessary  for  the  simplest  form 
of  specifications  needed  to  secure  intelligent  proposals  for  the  ma- 
chines or  apparatus  desired.  In  most  general  specifications,  and  in 
all  detailed  specifications,  a  more  complete  outline  should  be  pre- 
pared. This  should  include  all  of  the  various  features  and  details 
which  the  engineer  decides  should  be  properly  included.  These 
should  be  set  down  in  logical  order,  and  each  main  heading  should 
be  subdivided  into  each  item  which  must  ultimately  be  described. 
In  general,  such  an  outline  should  include  : 

First:  The  extent  of  the  contract.  This  should  describe  briefly 
all  of  the  items  which  are  to  be  furnished  under  the  proposed  con- 
tract. 

Second:  The  number,  type,  capacity,  service  and  requirements, 
of  the  machines  desired. 


Outline  Specifications  369 

Third:  The  foundation,  erection  and  finishing. 

Fourth:  The  appurtenances,  tools,  etc.,  to  be  furnished. 

Fifth:  The  details  of  the  machine  as  far  as  they  are  to  be  set 
forth. 

Sixth:  The  drawings  and  specification  to  be  submitted  with 
the  bid  and  to  be  made  part  of  the  contract. 

Seventh:  The  guarantees  and  tests  on  which  the  purchase  is 
to  be  made. 

Eighth:  The  general  requirements  as  to  inspection,  shipment, 
payments,  etc. 

The  following  outlines  used  by  the  author  in  his  professional 
practice  will  give  an  idea  of  the  arrangement  suggested  and  the 
extras  to  be  included  in  such  outlines : 

§  234.  Outline  of  Specifications  for  a  Steam  Boiler. 

1.  Extent  of  Contract: 

A.  Boiler. 

B.  Erection. 

C.  Valves. 

D.  Pressure  gauge,  gauge  cocks  and  water  columns. 

E.  Feed  and  blow-off  pipes  and  connections. 

F.  Tools. 

G.  Grate  bars. 

H.  Boiler  accessories  and  appurtenances  as  specified. 

2.  Number  of  boilers 

3.  Rating. 

4.  Type  of  boiler. 

5.  Contractors'  specifications. 

6.  Details. 

A.  General  dimensions. 

B.  Shell. 

C.  Tubes. 

D.  Material. 

(a)  Shell. 

(b)  Tubes. 

(c)  Rivets. 

E.  Workmanship. 

F.  Bracing — Flanges  and  connections. 

G.  Dome  or  dry  pipe. 

H.  Manholes  and  handholes. 
I.  Wall  brackets  or  other  means  of  support. 
J.  Bending  bars,  rear  arch  bars,  anchors,  etc. 
K.  Furnace  and  grates. 
L.  Stoker. 
7  Furnace  settings  and  coverings. 

8.  Breeching,  smoke  connections,  stack  and  stack  plate. 

9.  Boiler  fronts  and  floor  plates. 
JO.  Boiler  accessories. 


370  Specifications  for  Machinery 

A.  Usual  fittings: 

(a)  Safety  valves. 

(b)  Steam  gauge  with  siphon. 

(c)  Water  gauge  with   standpipe. 

(d)  Gauge  cocks. 

(e)  Whistle  and  pipe. 

(f)  Blow-off  valve. 

(g)  Check  valve, 
(h)  Stop  valve. 

(i)   Gauges — steam  and  recording, 
(j)   Furnace  tools. 

B.  Piping. 

(a)  Steam  pipe. 

(b)  Feed  pipe. 

(c)  Blow-off  pipe. 

(d)  Pipe  covering. 

C.  Feed  pump. 

(a)  Size  and  type. 

(b)  Description. 

D.  Feed  water  heater  and  purifier,  exhaust  head  and  connection. 

E.  Injector  and  connections. 

F.  Hot  water  meter  and  connections. 

G.  Damper  regulator. 

H.  Coal  cars — scales  and  track. 
I.  Mechanical  draft  apparatus. 

11.  Erection. 

12.  Inspection  and  insurance. 

13.  Efficiency  of  boiler. 

14.  Test. 

15.  Guarantee. 

16.  Time  of  shipment,  delivery  or  completion. 

17.  Payments. 

§  235.  Outline  Specification  for  Steam  Engines. 
1.  Extent  of  Contract:  The  work  to  be  done  under  this  contract  shall  include: 

A.  The  furnishing  of steam  engines. 

B.  To  be  delivered 

(a)  On  foundations  at .j 

(b)  Free  on  board  cars  at 

(c)  Free  on  board  cars  at  factory. 

C.  The  foundations  for  said  engine  shall  be  constructed  by 

(a)  Contractor  for  the  engine. 

(b)  The  purchaser. 

D.  The  engine  shall  be  erected  by 

(a)  The  contractor  for  the  engine. 

(b)  The  purchaser. 

E.  There  shall  also  be  included  all  connections,  tools,  equipment,  acces- 

sories and  appurtenances  as  hereinafter  provide^, 


Outline  for  Engine  371 


2  Capactiy:     The  engines  shall  each  have  a  capacity  for  at  least (indi- 
cated or  actual)   horse  power. 

3.  Service:    The  engines  shall  develop  the  horse  power  above  specified  under 

a  boiler  pressure  of pounds,  and  shall  be  designated  to 

operate  under  boiler  pressures  ranging  from pounds  to 

pounds. 

The  engine  is  intended  to  operate  an  (electrical  generator,  power 

pump,  main  shaft,  etc.),  which  has  a  speed  of revolutions 

per  minute,  (on  which  there  shall  be  placed  a  driving  pulley 
inches  in  diameter  by inch  face),  to  which  said  en- 
gine is  to  be  connected  by  (rope,  belt,  friction  clutch,  or  direct 
connection). 

4.  Type  of  Engine:  The  engine  shall  be  of  the  (slide  valve,  automatic  high 

speed  or  Corliss)  type,  and  shall  have  (single,  compound  or 
triple  expansion)  cylinders,  and  will  be  used  (condensing  or 
non-condensing) . 

5.  Drawings. 

6.  Specifications. 

7.  General  design. 

8.  General  Dimensions:  The  bidder  shall  furnish  with  his  proposal  the  fol- 

lowing dimensions  of  the  engines  on  which  his  proposition  is 

based : 

Diameter  of  high  pressure  cylinder. 
Diameter  of  intermediate  cylinder. 
Diameter  of  low  pressure  cylinder. 
Length  of  stroke. 
Revolutions  per  minute. 
Piston  speed  per  minute. 
Size  of  steam  pipe. 
Size  of  exhaust  pipe. 
Diameter  of  fly  wheel. 
Weight  of  fly  wheel. 
Diameter  of  band  wheel. 
Weight  of  engine. 

9.  General  Details: 

A.  Cylinder. 

Material. 
Lagging. 

B.  Valves. 

(a)     Steam, 
(b     Relief  or 
(c)     Safety  valves. 

C.  Shaft. 

D.  Bearings. 

(a)  Main  bearings. 

(b)  Outboard  bearings. 

E.  Main  rods. 

(a)  Connecting  rods. 

(b)  Piston  rod. 


372  Specifications  for  Machinery 

(c)  Eccentric  rod. 

(d)  Valve  rod. 

F.  Pins: 

(a)  Crank  pin. 

(b)  Cross  head  pin. 

G.  Governor: 

(a)  Shaft  governor. 

(b)  Throttling  governor. 

(c)  Automatic  safety  stop. 
H.  Cross  head. 

I.  Cross  head  guides. 
J.  Crank  shaft. 
K.  Fly  wheel. 
L.  Frame. 
M.  Bed  plate. 
N.  Sub-base. 

0.  Connection  for  power  tranmission. 
P.  Workmanship. 

Q.  Finishing. 

10.  Furnishings: 

A.  Foundations. 

B.  Foundation  bolts. 

C.  Pipes. 

(a)  Steam  pipes. 

(b)  Exhaust  pipes. 

(c)  Drain   pipes. 

D.  Throttle  valve. 

E.  Separator. 

F.  Gauges. 

G.  Indicator  connections. 

H.  Lubricators  and  oiling  devices. 

1.  Tools,  wrenches,  etc. 
J.  Condenser: 

(a)  Class— jet  or  surface. 

(b)  Piping  and  connections. 
K.  Air  and  vacuum  pumps. 

11.  Erection. 

12.  Marks. 

13.  Tests. 

14.  Guaranty  and  insurance. 

15.  Time  of  Delivery. 

16.  Payments. 

§  236.  Outline  of  Specification  for  a  Power  Pump. 
1.  Extent  of  Contract:  The  work  to  be  done  under  this  contract  shall  include: 

A.  The  furnishing  of power  pumps. 

B.  To  be  delivered 

(a)  On  foundations  at 

(b)  Free  on  board  cars  at  factory. 

(c)  Free  on  board  cars  at 


Outline  for  Pump  373 

C.  The  foundations  for  said  pumps  shall  be  constructed  by 

(a)  The  contractor. 

(b)  The  purchaser. 

D.  The  machines  shall  be  erected  by 

(a)  The  contractor. 

(b)  The  purchaser. 

E.  There  shall  also  be  included  all  connections,  tools,  equipment,  ac- 

cessories and  appurtenances  as  hereinafter  provided. 

2.  Capactiy:  The  pumps  shall  each  have  a  capacity  of  at  least  ( gal- 
lons per  minute),  ( million  gallons  per  day  of  24  hours) 

at  a  piston  speed  of  not  to  exceed feet  per  minute. 

?>.  Service:  The  pumps  shall  be  capable  of  pumping  the  quanity  of  water 

above  specified  against  an  ordinary  (pressure  of Ibs.  per 

square  inch),  (head  of feet),  or  against  a  (fire  pressure 

of Ibs.  per  square  inch),  (head  of feet)  for  fire  serv- 
ice. 

4.  Type  of  Pump: 

A.  Cylinders: 

(a)  Single. 

(b)  Duplex. 

(c)  Triplex. 

B.  Action: 

(a)  Double  acting. 

(b)  Single  acting. 
5  Efficiency. 

6.  Drawings. 

7.  Specification  and  description. 

8.  General  design. 

9.  General  dimensions. 

10.  General  details  of  construction: 

A.  Pump  frame. 

B.  Water  end: 

(a)  Plungers — speed,  capacity. 

(b)  Stuffing  boxes. 

C.  Water  valve  construction: 

(a)  Design. 

(b)  Valve  discs. 

(c)  Suction  valves. 

(d)  Force  valves. 

(e)  Valve  springs. 

(f)  Valve  seats. 

D.  Power  end: 

(a)  Pinion    shaft. 

(b)  Pinion  and  gears. 

(c)  Gear  guard. 

(d)  Speed  of  operating  motor. 

(e)  Size  of  driving  pulley,  friction  clutch,  etc. 

(f)  Revolution. 


374  Specifications  for  Machinery 

E.  Connections. 

(a)   Connecting  rods, 
(b    Cross  head  and  cross  head  guides, 
(c)   Main  crank  shaft. 
P.  Water  connections. 

(a)  Hand  holes. 

(b)  Air  chamber  and  fittings. 

(c)  Vacuum  chambers. 

(d)  Drip  cocks. 

(e)  Air  cocks. 

(f)  Air  inlet. 

(g)  Priming  pipes, 
(h)   Suction  entrance. 

G.  Lubricators  and  oil  cups. 
H.  Pipe  sizes: 

(a)  Suction  and  discharge  pipes. 

(b)  Small  piping. 
I.  Foundation  bolts. 

J.  Foundation 

11.  Painting  and  finishing. 

12.  Furnishings: 

A.  Oilers  and  tray. 

B.  Tools. 

C.  Pressure  gauge. 
P.  Gauge  boards. 

B.  Revolution  counter. 

F.  Relief  valve. 

G.  Gate  valve. 
H.  Check  valve. 
I.  Connections. 

13.  Erection. 

14.  Marks. 

15.  Factory  tests: 

A.  Of  air  chamber. 

B.  Of  pump. 

16.  Tests  for  acceptance: 

A.  Test  for  smoothness  of  working. 

B.  Test  for  machine  friction. 

C.  Test  of  tightness  and  strength. 

D.  Test  of  slip. 

E.  Test  for  maximum  working  pressure  and  delivery. 

17.  Guarantee  and  insurance. 

18.  Time  of  completion. 

19.  Payments. 

§  237.  Outline  for  Specifications  for  Duplex  Steam  Pump. 

1.  Extent  of  contract. 

2.  Class  of  pumps. 

3.  Description  of  pumps. 


Outline  for  Pump  375 


4.  Drawings. 

5.  General  design. 

6.  Service. 

7.  Material. 

8.  Construction  of  pumps. 

A.  Construction  of  water  end. 

(a)  Valve  design. 

(b)  Valve  disc. 

(c)  Suction  valves. 

(d)  Discharge  valves. 

(e)  Valve  springs. 

(f)  Valve  seats. 

(g)  Hand  holes. 

(h)   Suction  entrance. 

(i)  Air  chambers. 

(j)  Vacuum  chambers. 

(k)   Drip  cocks. 

(1)   Air  cocks. 

(m)   Priming  pipes. 

B.  Construction  of  steam  ends. 

(a)  Steam  ports. 

(b)  Steam  valves. 

(c)  Cushion  valves. 

(d)  Clearance  in  cylinders. 

(e)  Valve  adjustment. 

C.  Fittings. 

(a)  Piston  rods. 

(b)  Valve  rods. 

(c)  Water  plungers. 

(d)  Stuffing  boxes. 

D.  Finishing. 

(a)  Lagging. 

(b)  General  finish. 
9.  Pipe  connection: 

A.  Suction  and  discharge. 

B.  Steam  pipes. 
10.  Furnishings: 

A.  Oilers  and  tray. 

B.  Oil  cups. 

C.  Tools. 

D.  Steam  gauges. 

E.  Revolution  counter. 

F.  Throttle  valve. 

G.  Relief  valve. 
H.  Cut-off  valve. 
I.  Stroke  gauges. 
J.  Connections. 

K.  Foundation  bolts. 
L.  Foundations. 


376  Specifications  for  Machinery 

11.  Erection. 

12.  Marks. 

13.  Factory  tests: 

A.  Of  air  chambers. 

B.  Of  pumps. 

14.  Tests  for  acceptance. 

A.  Test  for  smoothness  of  working. 

B.  Test  for  machine  friction. 

C.  Test  for  tightness  and  strength. 

D.  Test  for  slip. 

E.  Test  for  maximum  working  pressure  and  delivery. 

15.  Guarantee  and  insurance. 

16.  Payments. 

§  238.  Outline  fcr  Specifications  for  a  Pumping  Engine. 

1.  Extent  of  contract. 

2.  Number  and  class  of  engines. 

3.  Service. 

4.  Duty. 

5.  General  design. 

6.  Construction  of  pumpiny  cnyincs. 

A.  General  description. 

B.  Frame  work. 

C.  Galleries. 

D.  Steam  cylinders. 

E.  Lagging. 

F.  Throttle  valve. 

G.  Steam  separator. 
H.  Condenser. 

I.  Governor. 
J.  Water  end: 

(a)  Water  way. 

(b)  Valves  and  valve  disc. 

(c)  Plunger  and  plunger  rod. 
K.  Air  and  yacuum  chambers. 

L.  Air  chamber  fittings. 

M.  Drip  cocks. 

N.  Air  cock. 

O.  Air  inlet. 

P.    Priming  pipes. 

Q.  Oil  cups  and  lubricators. 

R.  Indicator  and  connections: 

(a)  Indicators. 

(b)  Reducing  motions. 

(c)  Springs. 

(d)  Scales. 

(e)  Planimeter. 

(f)  Connection. 
S.  Foundation  bolts, 


Outline  for  Pumping  Engine  377 

7.  Furnishings: 

A.  Oiler  and  tray. 

B.  Tools. 

C.  Revolution  counter. 

D.  Pressure  gauges : 

(a)  Standard. 

(b)  Recording. 

E.  Gauge  board. 

8.  General  workmanship  and  material: 

A.  Flanges. 

B.  Nuts. 

C.  Piping. 

D.  Painting  and  finishing. 

9.  Foundation. 

10.  Erection. 

11.  Marks. 

12.  Guarantee  and  insurance. 

13.  Time  of  completion. 

14.  Tests  of  acceptance: 

»A.  Inspection  and  time  allowed  for  tests. 

B.  Tests  for  smoothness  of  workings. 

C.  Tests  for  maximum  working  pressure  and  delivery. 

D.  Duty  tests. 

15.  Payments. 

§  239.  The  Specifications. — After  the  preparation  of  the  outline 
previously  described,  the  engineer  should  prepare  with  great  care 
the  specifications  for  the  machine  or  appliance  desired.  All  that 
has  previously  been  discussed  in  regard  to  the  writing  of  specifica- 
tions should  be  kept  fully  in  mind,  and  everything  should  be  done 
that  will  insure  the  specifications  being  full  and  complete,  clear  and 
explicit.  If  the  outline  has  been  prepared  with  care,  the  atten- 
tion of  the  engineer  can  be  confined  to  the  preparation  of  the  spec- 
ification in  .carefully  worded  and  exact  language  which  will  assure 
a  clear  interpretation  of  his  requirements  by  the  elimination  of  all 
indefinite,  indeterminate  and  ambiguous  language,  and  if  all  arbi- 
trary, unfair  and  unnecessary  requirements  are  eliminated,  he  will 
be  reasonably  assured  of  low  and  intelligent  proposals.  The  fol- 
lowing statement  of  the  requirement  of  general  specifications  and 
the  examples  given  will  still  further  illustrate  the  matter  and  ar- 
rangement suggested. 

§  240.  General  Specifications  for  Machinery. — When  general 
specifications  for  machinery  are  to  be  issued  they  should  include 
the  following:  (For  examples  under  each  heading  see  specifica- 
tions following  for  steam  engines  and  boilers.)  i 


378  Specifications  for  Machinery 

1.  Extent  of  Work. — In  this   specification  should  be  defined   in 
general  terms  what  is  required  under  the  contract,  including : 

A.  The  furnishing  of  the  machine,  or  number  of  machines  re- 
quired ; 

B.  The  point  of  delivery ; 

C.  The  preparation  of  foundations,  and  by  whom ; 

D.  The  erection,  and  by  whom; 

E.  The   various    furnishings,    tools,    fittings    and    equipment    re- 
quired with  the  machine. 

2.  Capacity. — Under    this    head,    the    capacity  of  the  machine 
should  be   specified.       This   specification   should   define   the  amount, 
quantity  or  rate  of  work  which  the  machine  will  be  required  to  do 
or  accomplish  in  a  specified  time. 

3.  Service. — Under  this  head  should  be  included  the  specifica- 
tions regarding  the  pressure  or  intensity  under  or  against  which  the 
machine  is  to  operate.       This  would  include,   in   steam  driven   ma- 
chinery, the  steam  pressure  to  be  furnished  to  operate  the  machine, 
and    in   pumps,    compressors    or    electrical    generators,    the    pressure 
against  which  the  machinery  is  to  operate. 

4.  Type  of  Machinery. — In  many  classes  of  machinery,  special 
types  of  machines  are  capable  of   operating  with  a  greater   or  less 
degree  of  economy,  and  wherever  possible  the  selection  of  the  type 
of  machine  should  be  made  by  the  engineer  preparing  the  specifica- 
tions,  without  necessarily   entering  into   the   details   of   construction. 
When  the  type  is  given,  the  variation  in  the  bids  received  is  largely 
limited,  and  the  selection  of  machinery  becomes  more  particularly  a 
question  of   price  than  where  a   large  variety   of   types   are  consid- 
ered. 

5.  Furnishings. — This  specification  should  cover  a  description  of 
the  accessories,    furnishings   and   fittings   which   are   to   be   supplied 
with  the   machine  in   question;  it  should   include  any  auxiliary  ma- 
chinery  or  apparatus   and  appliances  which   are   desired   and   which 
are  not  normally  a  part  of  the  machine. 

6.  Design. — This    specification    should   cover   the    details    of   the 
machine  which  are  either  definitely  specified  or  which  are  to  be  left 
to  the  manufacturer  to  select  in  accordance  with  his  own  practice. 
The  elaboration  of  the  specifications  for  type  and  design  is  the  es- 
sential  feature   in   which   the   detailed   specification   varies    from   the 
general  specifications. 


General  Specifications  379 

In  general,  the  design  of  any  machine  should  be — 

"such  that  all  working  parts  shall  be  readily  accessible  for  inspection  and 
repair,  easily  duplicated,  and  readily  replaced,  with  each  and  every  part  of 
the  machine  properly  designed  and  suitable  for  the  uses  and  service  required." 

7.  Drawings  and  Plans. — This  specification  should  describe  the 
plans  to  be  furnished  by  the  bidder.     These  should  usually  include 
foundation   plans,   showing  the  general   plan   or  outline   of   the   ma- 
chine, including  its  general  dimensions,  with  the  location  of  all  con- 
nections, and  this  specification  should  also  require  the  furnishing  of 
catalogues  or  photographs  showing  the  machinery   under  considera- 
tion in  satisfactory  detail. 

A  specification  requiring  the  furnishing  of  detail  working  plans 
is  not  usually  advisable.  Most  responsible  manufacturers  rightly 
refuse  to  part  with  such  drawings  which  are  largely  the  work  of 
their  extensive  experience  and  are  of  too  great  value  to  be  made 
public  property. 

In  special  work,  howrever,  or  when  the  manufacturer  is  present- 
ing a  newly  designed  and  untried  machine,  a  requirement  for  the 
production  of  the  detailed  plans  is  often  advisable,  and  may  be  nec- 
essary for  safety.  Such  a  requirement  is  useless,  however,  unless 
the  engineer  is  sufficiently  acquainted  with  machine  design  td  be 
able  to  criticise  intelligently  the  designs  when  so  presented,  and  in 
other  cases  the  reputation  and  experience  of  the  manufacturer  must 
be  the  main  safeguard. 

8.  General  Guarantee  and  Insurance. — Under  this  head  should  be 
included  a  clause  similar  to  the  following : 

"The  contractor  guarantees  the  design,  workmanship  and  material  to  be 
as  described  and  specified  herein,  and  also  as  described  and  specified  in  the 
detailed  specification  hereto  annexed  and  hereby  made  a  part  hereof. 

"He  further  guarantees  that  all  work  and  all  material  in  said  machinery 
shall  be  of  the  best  quality  and  first-class  in  every  particular. 

"He  further  agrees  to  replace  any  portion  of  said  machinery  shown  de- 
ficient by  the  tests  to  be  made  on  said  machinery,  or  otherwise,  or  which 
shall  within  one  year  thereafter  fail  on  account  of  being  deficient  in  work- 
manship or  material." 

9.  Detailed  Specifications. — This  specification  should  require  the 
manufacturer  to  furnish  detailed  specifications  covering  all   features 
of   the   machinery,   including   workmanship   and   material,   with   such 
guarantees  in  regard  to  regulation,  operation  or  economy  as  are  to 
be  required  from  him  or  given  by  him.     Such  specifications  should 
be  required  to  include  specifications   in  detail   of  all   furnishings  to 
be  supplied  by  him. 


380  Specifications  for  Machinery 

10.  General  Information. — Under  this  head  the  contractor  should 
be  required  to  describe  with  brevity  the  main  dimensions  of  the  im- 
portant parts  of  the  machine  to  be  furnished,  including  the  total 
weight  of  machine,  weight  of  such  parts  as  may  be  essential  for 
comparison,  revolutions  or  speed,  and  the  various  essential  facts  on 
which  a  comparison  of  the  class  of  machinery  to  be  furnished  can 
be  most  satisfactorily  made,  including  also  time  of  delivery  or  of 
completion. 

There  should  usually  be  included  in  the  specifications,  a  list  of 
the  data  required  with  blanks  left  to  be  filled  out  with  same.  By 
this  means  comparison  and  selection  will  be  greatly  facilitated. 

§  241.  Specifications  for  Furnishing  a  Boiler. 

1.  Extent  of  Contract. — This  contract  shall  include  the  furnish- 
ing  of    the    following   described    for    ,    including   all   neces- 
sary accessories,  as  herein  specified,  and  in  accordance  with  the  detailed 
plans  and  specifications  submitted  by  the  contractor  and  accepted  by  the 
party  of  the  first  part,  which  plant  shall  include  the  following  items : 

A.  The  boiler  complete. 

B.  The  erection  of   the  same,   including   furnishing  all   material 
and  labor  for  the  foundation  and  setting  of  the  boiler. 

C.  All  stop  and  safety  valves  and  connections. 

D.  Nickel  plated  eight-inch  (8")  dial  gauge  and  gauge  cocks  and 
water  column. 

E.  The   steam   pipe   to   the   engines,   suitably   covered   and   pro- 
tected. 

F.  All   necessary    feed   and  blow-off   pipes,   valves   and    comrjc- 
tions. 

G.  Fire,  cleaning  and  other  tools. 

H.  Track  scale  and  hot  water  meter. 
/.  Shaking  grate  bars  of  acceptable  pattern. 
/.  Stack  connections. 

2.  Number  Required. — There  shall  be  one  ( i )  one  hundred  and 
fifty  (150)  horse  power  boiler. 

3.  Rating. — The  horse  power  of  the  said  boiler  shall  be  rated  on 
an  evaporation  of  thirty  (30)  pounds  of  water  per  horse  power  per 
hour  under  seventy  (70)  pounds  of  steam  pressure,  with  feed  water 
at  a  temperature  of  one  hundred  degrees  (100°)  Fahr.,  or  the  equiv- 
alent to  such  conditions.     The  boilers  shall  be  designed  to  sustain  a 
working  pressure  of  one  hundred  and  fifty  (150)  pounds. 

4.  Type  of  Boiler. — The  boiler  shall  be  an  internally  fired  return 
tubular  boiler,  water  tube  boiler,  or  return  tubular  boiler. 


Boiler  381 

5.  Description    and    Drawing. — Detailed    description    and    draw- 
ings, tracings  or  prints   shall  be   furnished,   describing  and  showing 
in  detail  the  dimensions  of  all  and  every  part  of  the  boiler  and  the 
appurtenances   thereof.     Said   descriptions   and   drawings   shall   show 
the  size  and  thickness  of  all  plates  and  pipes,  the  character  of  ma- 
terial from  which  all  portions  of  the  boiler  are  to  be  made;  and  said 
description    and    drawings    shall    indicate    clearly,    the    construction 
and   method   of   operation   of  all  the  details.     These   drawings   shall 
comply  strictly  with  the  specifications,  and  the  boiler  when  set  and 
ready  for  use  must  conform  strictly  with  the  drawings  as  furnished 
by  the  contractor  and  accepted  by  the  party  of  the  first  part. 

6.  Furnace  and  Setting. — The  furnace  shall  be  first  class  in  every 
particular   and   of   suitable   design.     The    furnace   and   all   parts   ex- 
posed to  the  direct  flames  shall  be  lined  with  the  best  quality  of  fire 
brick,  set  with  two  by  eight  inch  face  to  the  fire,  and  said  brick  shall 
be  set  in  tempered  fire  clay.     Boiler  must  be  so   designed  and  ar- 
ranged as  to  prevent  all  unnecessary  radiation  and,  if  necessary,  the 
boiler  shall  be   set  in  a  suitable  air-tight   brick   setting  and  all   ex- 
posed parts  shall  be  covered  with  magnesia  sectional  covering. 

7.  Front. — Boiler  front  shall  be  of  a  neat  and  artistic  design  ap- 
proved by  the  engineer.       All  joints,  seats  and  faces  shall  be  fitted 
closely  and  neatly. 

8.  Pipe    Connections. — All    pipe    connections    necessary    for    the 
operation  of  the  boiler  shall  be  made  by  the  contractor  and  shall  in- 
clude all  pipe  between  the  boiler  and  the   feed   pump  and  between 
the  boiler  and  engines.     Said  pip:ng  shall  be  so  arranged  that  this 
boiler  may  be  used  independently  or  in  connection  with  the  boilers 
already  in  use,  and  in  such  manner  that  its  use  can  be  discontinued 
at  any  time  and  the  other  boilers  used  to  operate  any  engine.     Said 
piping  shall  be  placed  on  plans  approved  by  the  engineer.     All  steam 
pipes  shall  be  properly  and  thoroughly  covered  with  magnesia  sec- 
tional covering  containing  at  least  80  per  cent  pure  oxide  of  mag- 
nesia. 

9.  Furnishings. — There    shall    be    furnished    and    installed    with 
this  boiler  all  necessary  appurtenances  for  its  care  and  management, 
including   gauges,   valves,   etc.,   and   all   necessary   fire   and   cleaning 
tools.     There  shall  also  be  provided  one  track  scale  for  weighing  the 
coal  used  in  the  bo'lers.     There  shall  also  be  installed  on  the  feed 
water   pipe,   one   hot    water   meter   so   arranged   as   to   measure   the 
amount  of  water  fed  to  the  boiler  and  also  arranged  so  that  it  may 
be  readily  tested  at  any  time, 


382  Specifications  for  Machinery 

10.  Inspection  and  Insurance. — The  boiler  shall  be  inspected  and 
insured    by    the    Hartford    Steam    Boiler    Inspection    and    Insurance 
Company,   or   some  other   first-class   insurance   company   satisfactory 
to  the  party  of  the  first  part,  for  a  period  of  one  year,  and  a  receipted 
bill  for  paid  insurance  and  a  certificate  of   inspection  shall  be   fur- 
nished the  party  of  the  first  part  by  the  contractor. 

11.  Efficiency  of  Boiler. — The  boiler  shall  give  the  efficiency  guar- 
anteed by  the  contractor  in  his  proposal.       Said   efficiency  shall  be 
based  on  the  evaporation  of  water  into  dry  steam  per  pound  of  com- 
bustible from  and  at  212  deg.  Fahr.  temperature,  when  burning  an 
average   quantity  of   coal   of   the   quality   commonly   used   for   boiler 
purposes  at ,  or,  when  preferred,  when  burning  any  qual- 
ity of  such  kind  of  coal  as  may  be  specified  and   furnished  by  the 
contractor.     In  either  case  a  continuous  test  of  any-  duration  up  to 
twenty-four    (24)    hours   may  be  made,  and  while  running  the  ma- 
chinery or  otherwise,  as  the  engineer  may  elect.     Said  test  shall  be 
made  in  conformity  with  the  revised  code  of  the  American  Society 
of  Mechanical  Engineers. 

12.  Guarantee. — The  contractor  guarantees  the  design  and  work- 
manship to  be  as  described  and  specified  in  these  specifications  and 
in   the   specifications    furnished   by   him   and'  accompanying   his    b  d 
for  the  work  in  question.     He  further  guarantees  all  work  and  ma- 
terial in  said  boilers  to  be  of  the  best  quality  and  first-class  in  every 
particular.     He   further  agrees  to   replace   any  portion   of   said   ma- 
chinery shown  deficient  in  test  or  otherwise,  or  which  shall  within 
six  (6)  months  thereafter  give  out  on  account  of  being  defective  in 
workmanship  or  material. 

13.  The   contractor   further   agrees   to   have   the   plant   complete 

and  erected  on  foundations  and  ready  for  use  by  the   day  of 

,  19.  ..     Subject  to  the  general  form  of  the  contract. 

14.  Payments. — Fifty  percent,  of  the  contract  price  for  said  boiler 
shall   be   due   and   payable   when   the   boiler   is   received   in   apparent 
good  order  at    Fifty  percent,   shall  be  due  and  pay- 
able after  the  boiler  has  been  successfully  tested  in  accordance  with 
those  specifications. 

§  242.  Specifications  for  Furnishing  a  Steam  Engine. 

i.  Extent   of    Contract. — This   contract   includes   the    furnishing 

and  erecting  of  a  steam  engine  and  appurtenances  for ,  for 

use  in  operating  a  triplex  power  pump,  also  the  various  appurte- 
nances and  accessories  described  and  specified  herein,  all  to  be  in 
accordance  with  these  general  specifications  and  the  detailed  spec- 


Steam  Engine  383 

ifications  and  plans  submitted  by  the  contractor  and  accepted  by  the 
party  of  the  first  part  attached  hereto,  marked  "Exhibit  D"  and 
which  are  hereby  made  a  part  hereof. 

2.  Plant  Required. — There  shall  be  furnished  one  (i)   steam  en- 
gine of  a  capacity  of  ninety  (90)  actual  horse  power. 

3.  Service. — The  engine  shall  be  capable  of  furnishing  the  actual 
horse  power  above  specified  and  shall  be  so  rated  at  ninety  (90)  Ibs. 
steam  pressure.     The  engine  shall  be  designed  to  stand  a   working 
pressure  of  one  hundred  and  ten  (no)   Ibs.  and  shall  be  capable  of 
operation  at  full  speed  without  shock  or  jar. 

4.  Steam  Consumption. — This   engine  will  operate   for  domestic 
service  at  about  forty  (40)  actual  horse  power  and  must  be  designed 
for  economical  operation  at  this  rate.     It  must   also  be  capable   of 
furnishing  ninety  (90)  actual  horse  power  for  fire  service. 

Economy  for  fire  service  is  not  so  essential  and  will  not  in- 
fluence the  selection  of  the  engine  to  the  extent  that  the  selection 
will  be  influenced  by  economy  for  domestic  serv,ke.  The  steam 
consumption  when  delivering  forty  (40)  actual  horse  power  must 
not  exceed  forty-five  (45)  pounds  of  dry  steam  for  each  actual  horse 
power  delivered,  and  a  guarantee  of  greater  economy  will  have  addi- 
tional weight  in  the  selection  of  the  engine  to  be  used. 

5.  General  Design. — The  design  of  said  engine  shall  be  such  that 
all  working  parts   shall  be  readily  accessible   for  inspection   and  re- 
pair, easily  duplicated  and  each  and  every  part  suitable  for  the  use 
and  service  required. 

6.  Description    and    Drawings. — Detailed    description,    drawings, 
tracings  or  prints   shall  be   furnished  showing  in  detail  the   size  of 
each  and  every  part  of  the  machinery  and  the  appurtenance  thereof, 
and   the   character   of   the   material   form   which   the   same   is   to   be 
made,  and  shall  ind:cate  clearly  the   construction  of  all  details  and 
the   manner  of   working  the   same.        These   drawings   shall   comply 
strictly  with  the  specifications,  and    the    machinery    must    conform 
strictly  with  those  detailed  plans  as  furnished  by  the  contractor  and 
accepted  by  the  party  of  the  first  part. 

7.  Regulation. — The   regulation   of   speed  shall  be  such  that  no 
variation  in  load  from  no  load  to  full  load  shall  vary  the  speed  more 
than  three  (3)  per  cent  with  any  bo'ler  pressure  between  eighty  (80) 
and  one  hundred  and  ten  (no)  Ibs. 

8.  Details. — A.  Cylinder    Lagging. — The    cylinder   shall    be   cov- 
ered with  suitable  non-conducting  material  to  prevent  radiation.     This 
in  turn  shall  be  covered  with  suitable  lagging  which   shall  be  prop- 


384  Specifications  for  Machinery 

erly  mounted  and  shall  accurately  conform  to  the  cylinder  and 
steam  chest. 

B.  Connection  for  Pozver  Transmission. — The  power  shall  be 
transmitted  from  the  engine  to  the  triplex  pump  which  said  engine 
is  intended  to  operate,  by  means  of  a  flexible  coupling,  which  shall 
be  under  this  contract  and  which  shall  be  so  arranged  as  to  take 
care  of  any  slight  error  in  the  relative  alignment  of  the  two  ma- 
chines without  undue  loss  by  friction  or  the  heating  of  journals. 
The  flexible  coupling  shall  be  of  a  design  approved  by  the  engineer. 

9.  Indicator  Connections. — The  engine  shall  be  tapped  for  the 
indicator  and  shall  be  provided  with  a  set  of  brass  indicator  pipes, 
with  half-inch  angle  valve  near  each  tap  and  pipes  to  lead  to  a  half- 
inch  standard  thread  three-way  cock  at  about  the  center  of  the 
cylinder. 

TO.  Separator. — The  engine  shall  be  provided  with  a  steam  sep- 
arator of  satisfactory  design  and  of  sufficient  size  to  protect  the  en- 
gine from  water  in  the  steam.  The  dr!p  of  said  separator  shall  be 
connected  by  one-half  (J^)  inch  brass  pipe  with  a  steam  trap  of  ap- 
proved make  to  be  furnished  by  the  party  of  the  second  part. 

11.  Finishing. — All   unfinished   iron   work    on   said   engine   shall 
be  well   and  thoroughly   painted   three   coats   of   paint   of   acceptable 
color.     All  lagging  shall  be  neatly  finished  and  all  brass   work  and 
polished  work  shall  be  finished  in  a  first  class  and  acceptable  man- 
ner. 

12.  Pipes. — A.  Steam    Pipes. — Ail    steam    pipes    and    openings 
shall  be  of  ample  size  to  prevent  undue  friction  and  loss  of  pressure. 
The   steam   piping   within   the   engine   room   shall   be    furnished   and 
placed  by  the  contractor  for  the  engine  in  a  manner  satisfactory  to 
the  engineer.     All  live  steam  pipe  shall  be  covered  by  magnesia  sec- 
tional covering  in  a  satisfactory  manner. 

B.  Drain  Pipes. — All  drain  pipes  shall  be  of  brass,  properly  and 
neatly  fitted  and  so  connected  as  to  conduct  the  drip  into  the  sewer. 

13.  Foundations. — The   contractor    shall    furnish   necessary    blue 
print  or  drawing  showing  the  location  of   all   foundation  bolts   and 
the   form  of    foundation   required    for   the   engine   which    foundation 
will  be  furnished  by  the  party  of  the  first  part. 

14.  Furnishings. — A.  Throttle  Valve. — A  gate  throttle  valve  with 
flange   connections   and   of   approved   design   and   manufacture   shall 
be  furnished  with  the  engine  and  attached  to  the  steam  supply  pipe 
to  the  engine. 


Steam  Engine  385 

B.  Oiling  Devices. — There  shall  be  furnished  with  the  engine  a 
one-pint    sight    feed    lubricator    with    connections    of    approved    pat- 
tern, also  all  necessary  oil  cups   and  arrangements   for  proper  and 
thorough  lubrication. 

C.  Tools. — There  shall  also  be  furnished  with  the  engine  all  nec- 
essary wrenches  and  tools  needed   for  the  proper  operation,  inspec- 
tion and  ordinary  repairs  of  said  machinery.     All  tools  to  be  of  the 
best  workmanship  and  material  and  satisfactory  to  the  engineer. 

D.  Foundation  Bolts. — There  shall  also  be  furnished  the  neces- 
sary foundation  bolts  to  be  of  approved  number,  size,  and  length. 

15.  Erection. — The    contractor    shall    erect    the    engine    on    the 
foundation   provided,   and   shall   connect   the    same   with   all   appur- 
tenances thereto,  including  all  necessary  steam  fitting  from  the  en- 
gine to  the  main  steam  pipe,  and  the  equipment  of  said  engine  for 
active  service.     He  shall  also   furnish  a  competent  man  to  operate 
said  engine  during  the  test  and  to  give  instructions  to  the  engineer 
of  the  party  of  the  first  part. 

1 6.  Marks. — The  engine  shall  be  suitably  marked  with  the  mak- 
er's name  and  the  principal  dimension  of  the  cylinder  and  length  of 
stroke;  the  plates  containing  said  data  to  be  of  neat  and  artistic  de- 
sign. 

17.  Tests. — The  test  for  efficiency  will  be  made  for  a  period  of 
ten  (10)  hours.     In  the  performance  of  said  duty  the  steam  pressure 
will  not  exceed  one  hundred  (100)  Ibs.  nor  be  less  than  ninety  (90) 
Ibs.   per  square   inch.     No  deductions   of   any  kind   whatever,   other 
than  herein  specified,   shall  be  allowed  in  the  estimate   for  capacity 
or  efficiency.     The   failure  of  the  plant  to  perform  its  duty  during 
such  test  will  cause  the  rejection  of  the  engines  unless  the  contractor 
shall  make  such  alterations  in  said  machinery  as  shall  be  necessary 
in  order  that  it  shall  accomplish  the  specified  duty.     The  efficiency 
and  economy  shall  be  calculated  on  the  number  of  pounds  of  feed 
water  used  and  on  the  basis  of  dry  steam.       The  exhaust  of  the 
plant  will  be  delivered  into  a  feed  water  heater  through  which  the 
feed  water  will  be  forced.     The  feed  water  will  be  taken  from  the 
reservoir.     The  tests  shall  be  made  by  and  under  the  direction  of 
the  consulting  engineer. 

1 8.  Guarantee. — The  contractor  guarantees  the  design  and  work- 
manship to  be  as  described  and  specified  in  these  specifications,  and 
in  the  specification  furnished  by  him  and  accepted  by  the  party  of 
the  first  part  for  the  work  in  question.     He   further  guarantees  all 
work  and  material  in  said  machinery  to  be  of  the  very  best  quality 


386  Specifications  for  Machinery 

and  first-class  in  every  particular.  He  further  agrees  to  replace  any 
portion  of  said  machinery  shown  deficient  in  the  test  or  otherwise, 
or  which  shall  within  one  (i)  year  thereafter  give  out  on  account 
of  being  defective  in  workmanship  or  material. 

19.  Time. — The  contractor  further  agrees  to  have  the  plant  com- 
plete and  errected  on  foundations  by  the day  of   , 

19..,  subject  to  the  general  conditions  in  regard  to  time  and  com- 
pletion set  forth  in  the  general  form  of  contract. 

20.  Payments. — No  payments   shall   be  made   until   the   plant   is 
erected,  tested  and  accepted,  and  if  the  engine  shall  not  prove  in  the 
specified  test  equal  in  all  particulars  to  the  guarantee,  then  and  in 
that  case,  the  party  of  the  first  part  shall  have  the  right  to  use  such 
plant  for  a  period  of  time  sufficient  to  allow  them  to  purchase  and 
erect  another  plant  of  satisfactory  design,  and  the  use  of  such  re- 
jected plant  under  the  conditions  above  named  shall  be  without  ex- 
pense to  said  party  of  the  first  part  otherwise  than  the  cost  of  oper- 
ating the  same. 

The  agreed  price  will  be  paid  by  the  party  of  the  first  part  when 
the  plant  is  tested  and  accepted. 

§  243.  Selection  of  Machinery. — In  the  selection  of  machinery 
or  apparatus  it  is  usually  desirable,  so  far  as  practicable,  to  choose  those 
designs  which  have  actually  been  developed  and  which  have  proved  sat- 
isfactory by  actual  use  under  wide  range  of  conditions.  The  use  of  the 
new  designs  which  have  recently  been  developed,  even  by  those  who  have 
had  extensive  experience  with  similar  designs  but  of  a  different  kind  or 
capacity,  is  attended  with  considerable  risk.  One  of  the  early  personal 
experiences  of  the  writer  will  perhaps  serve  as  a  typical  illustration  of 
the  unfortunate  results  of  the  failure  to  observe  this  precaution. 

A  factory  was  built  for  the  manufacture  of  certain  clay  products 
from  which  a  somewhat  unusually  large  capacity  was  desired.  Ma- 
chinery was  available  from  two  sources.  In  one  case,  the  manufacturer 
had  a  large  number  of  machines  of  the  capacity  required  in  successful 
operation  under  a  wide  range  of  conditions ;  in  the  other  case,  the  sec- 
ond manufacturer  had  many  similar  machines  in  local  and  successful 
use,  but  of  only  one-half  the  capacity  required.  The  second  manufac- 
turer desired  to  develop  a  machine  of  greater  capacity  and  pointed  out 
their  wide  experience  with  the  smaller  machines  and  the  ease  and  safety 
with  which  they  could  enlarge  the  capacity  and  develop  a  machine  which 
should  be  perfectly  successful.  This  they  agreed  to  do  at  a  price  of  less 
than  one-half  the  price  demanded  by  the  first  manufacturer.  The  de- 
velopment appeared  so  simple  that  the  lower  bid  was  accepted,  and  the 


Selection  of  Machinery  387 

machines  manufactured  and  installed.  The  results  were  a  season  spent 
in  a  constant  repair  of  breakage,  and  consequent  shutdowns,  occasioned 
by  improper  design.  The  output  of  the  factory  was  decreased  for  the 
season  by  at  least  one-half,  and  although  the  manufacturer  finally  de- 
signed a  satisfactory  machine  and  furnished  a  new  unit  to  the  factory 
without  further  compensation,  the  delays  and  repairs  exceeded  the 
original  cost  of  the  machine  many  times  and  entailed  a  heavy  loss  which 
might  have  been  eliminated  if  the  more  expensive  but  fully  developed 
machine  had  been  selected.  The  second  manufacturer  learned  how  to 
design  and  construct  his  machine  at  the  expense  of  the  factory  which 
used  the  first  design.  Such  experience  is  not  uncommon.  Experience 
must  be  paid  for,  and  it  is  usually  much  more  economical  for  the  individ- 
ual to  pay  for  the  experience  of  others  by  a  higher  cost  of  equipment 
than  to  pay  the  larger  expense  of  personal  experience. 

Guarantees  of  replacement  of  a  machine,  should  it  prove  unsatis- 
factory, are  often  easily  obtained  but  it  is  seldom  a  manufacturer 
will  undertake  to  pay  the  consequent  damages,  and  the  prospect  of  such 
damages  when  an  undeveloped  machine  is  adopted,  is  usually  too  great 
to  warrant  its  installation  even  at  a  greatly  reduced  price. 


CHAPTER  XX 

DESIGNS  AND  SPECIFICATIONS  FOR  ENGINEERING  AND 
ARCHITECTURAL  WORK 

§  244.  The  Investigations. — Prior  to  the  design  of  any  plant  or 
structure  a  thorough  investigation  should  be  made  of  the  nature  of  the 
material  which  must  be  excavated  or  moved,  of  the  foundation  on  which 
the  structure  must  rest,  and  of  the  material  into  or  through  which  tun- 
nels, channels,  foundation  piles,  caissons  or  other  structures  must  be 
driven.  The  character,  the  quantities  and  the  physical  conditions  of 
such  materials  should  be  determined  so  far  as  practicable.  It  is  often 
the  case  that  the  decision  to  build  or  to  carry  out  an  improvement  is 
followed  immediately  by  a  demand  for  construction  at  such  an  early 
date  that  a  -proper  examination  of  the  conditions  is  not  possible.  Such 
haste  in  construction  is  undesirable  and  almost  invariably  entails  extra 
expense. 

The  failure  to  make  suitable  investigation  of  these  conditions  and 
to  secure  the  desirable  information,  both  for  the  use  of  the  engineer  in 
designing  and  estimating  the  cost  of  the  work  and  for  the  use  of  the 
bidder  in  the  preparation  of  his  proposal,  is  often  due  to  false  economy 
on  the  part  of  the  owner  or  of  the  management  of  the  company  who 
proposes  to  construct  the  work.  The  cost  of  thorough  preliminary  in- 
vestigation is  often  considerable,  and  it  is  sometimes  assumed  that  any 
extensive  preliminary  examination  is  unnecessary.  When  the  en- 
gineer yields  to  necessity  or  persuasion  and  fails  to  secure  the  proper 
information,  he  is  nevertheless  blamed  for  any  trouble  and  expense 
which  may  follow.  If  the  bids  received,  based  on  insufficient  informa- 
tion, are  unduly  high  or  if  the  quantities  estimated  on  the  same  uncer- 
tain basis  are  found  seriously  in  error,  he  is  blamed  for  troubles  which 
he  has  had  no  means  of  preventing. 

Preliminary  information  will  permit  plans  to  be  drawn  to  fit  the 
actual  local  conditions,  instead  of  assumed  conditions  which  do  not  ob- 
tain and  will  save  needless  expense  and  much  more  than  enough  to  pay 
the  preliminary  costs,  to  say  nothing  of  the  effect  of  such  information 
in  reducing  the  prices  bid  for  the  work.  The  engineer,  therefore, 
should  place  the  necessity  for  such  preliminary  investigations  and  the 
advantages  which  will  accrue  therefrom  squarely  before  his  clients, 
and  insist  on  sufficient  time  and  expenditure  to  secure  the  information 


Investigations  389 

necessary  for  both  purposes.  The  low  bids  received  on  almost  every 
job  on  which  adequate  information  is  furnished  by  the  engineer  to 
prospective  bidders  is  proof  of  the  saving  effected  in  the  cost  of  the 
work,  and  this  is  in  addition  to  the  saving  accomplished  by  the  conse- 
quent proper  design.  Everything  that  can  be  done  to  make  the  con- 
ditions bearing  upon  the  required  work  clear  and  certain  has  an  ad- 
vantage in  reducing  the  prices  which  will  be  bid  for  the  work,  and  the 
converse  is  also  true. 

§  245.  Unsatisfactory  Practice. — It  is  unfortunately  common 
mistaken  practice  to  require  the  contractor  to  assume  all  risk  and  re- 
sponsibilities concerning  the  character  and  sometimes  even  concerning 
the  relative  amounts  of  the  different  kinds  of  material. 

Good  sense  seems  to  warrant  the  conclusion  that,  in  dealing  with 
intelligent  men  something  cannot  be  secured  for  nothing,  and  experi- 
ence has  demonstrated  that  whenever  such  an  attempt  is  made  it 
usually  results  in  unnecessarily  increased  cost. 

An  intelligent  contractor,  if  he  bids  at  all  on  plans  and  specifica- 
tions which  are  uncertain  or  manifestly  unfair,  will  add  a  sufficient 
sum  to  compensate  him  for  the  uncertainties  and  the  unfair  treatment 
he  must  expect,  and  to  be  safe  will  usually  add  more  than  enough  to 
cover  the  probable  expense.  The  client  thus  pays  more,  and  usually 
much  more,  than  he  would  under  definite  plans  and  specifications. 

When  only  incomplete  investigations  have  been  made  by  the  en- 
gineer, contractors  are  usually  invited  to  make  their  own  investigations 
in  order  to  determine  the  nature  of  the  formation  in  or  through  which 
the  work  is  to  be  built.  It  is  evident  that  such  a  policy  is  a  poor  one, 
for  if  carried  out  it  involves  considerable  expense  perhaps  for  each  of 
a  large  number  of  contractors,  all  of  whom  must  investigate  the  con- 
ditions to  their  own  satisfaction.  It  is  evidently  desirable  in  order  to 
avoid  expense  that 'only  one  such  investigation  should  be  made,  that  it 
should  be  made  by  the  engineer  of  the  parties  letting  the  work  and  that 
it  should  be  thorough  and  sufficient  for  the  use  of  all  parties  interested. 
This  question  is  an  important  one  and  one  that  has  many  bearings, 
all  of  which  should  be  considered.  That  such  unfair  and  unsatisfac- 
tory practice  is  quite  common  is  evident  from  numerous  specifications 
of  which  the  following  from  a  proposed  contract  for  grading  a  railroad 
is  an  example  i1 

"Contractors  bidding  on  the  work  are  invited,  at  their  own  cost  and  ex- 
pense, to  put  down  test  holes  or  borings,  to  determine  the  nature  of  the  soil 


See  Eng.  News  Sup.,  Vol.  50,  page  29. 


390  Specifications  for  Engineering  Work 

and  underlying  formation,  and  every  facility  will  be  given  by  the  company 
to  the  contractors  for  that  purpose." 

"It  must  be  particularly  understood  that  the  bidding  on  this  work  will 
be  without  classification  for  excavation  and  grading,  and  that  the  contractor 
must  personally  examine  the  geological  formation;  and  no  claim  upon  the 
company  may  hereafter  be  made  on  account  of  misinformation  stated  to 
have  been  given  by  any  employee  of  the  Company  or  Board." 

It  is  evident  that  no  intelligent  contractor  will  assume  uncertain- 
ties such  as  are  involved  in  the  above  specifications  without  consider- 
able investigation  and  without  expecting  adequate  compensation.  A 
conservative  contractor  will  probably  refuse  to  undertake  such  an  in- 
vestigation, because  the  chances  of  his  securing  the  work  are  remote. 
The  number  of  firms  that  will  attempt  to  make  such  an  investigation 
will  therefore  be  small  and  the  competition  will  be  limited.  Such 
firms  will  bid  high  enough  to  cover  the  cost  of  all  possible  contingencies, 
and  the  cost  of  the  work  will,  be  unnecessarily  increased. 

§  246.  Difficulties. — To  make  a  thorough  investigation  of  the 
actual  cond'.tions  on  a  project,  to  determine  the  quality  and  quantity  of 
the  various  kinds  of  material  to  be  encountered  and  to  show  them  by 
plans,  drawings  and  definite  specifications,  involves  not  only  time  and 
expense  but  also  the  responsibility  for  any  accidental  misstatement  of 
the  exact  facts.  Underground  conditions  are  very  uncertain  and  can- 
not be  readily  determined  even  by  elaborate  borings.  Variations  in  the 
strata  are  liable  to  occur  which  will  not  be  determined  even  though  the 
borings  are  fairly  close  together  and  it  is  evident  that  such  investiga- 
tions must  have  a  practical  limit.  Any  departure  from  the  positive  in- 
formation given  may  result  in  demands  for  extra  compensation,  and 
even  slight  variations  which  might  not  actually  affect  the  cost  of  the 
work  will  give  an  unfair  contractor  an  opportunity  for  excessive  de- 
mands for  extra  compensation ;  whereas  if  the  contractor  is  required  to 
assume  the  responsibility  for  changes,  no  such  claims  can  be  main- 
tained. It  is  believed  that  this  danger  is  one  of  the  chief  reasons  why 
so  much  responsibility  is  frequently  forced  on  the  contractor,  even 
when  it  is  recognized  that  such  responsibility  entails  extra  expense. 

It  is  desirable  to  remove  hazard  to  as  great  a  degree  as  practicable, 
both  in  order  to  secure  reasonable  bids  and  for  the  sake  of  fairness. 
The  owner  must  expect  to  pay  a  fair  price  for  his  construction  under 
the  conditions  that  actually  obtain,  and  he  will  certainly  be  compelled 
to  do  so  unless  some  mistake  is  made  by  the  bidders.  The  technical 
problem  involved  is  to  determine  and  show  by  plans  and  specifications 
as  nearly  as  possible  the  actual  conditions  that  obtain  in  order  to  se- 


Difficulties  391 

cure  low  prices  through  protection  to  the  contractor  in  his  bidding, 
and  to  protect  the  owner  from  unjust  claims  based  on  slight  variations 
which  do  not  affect  the  cost.  This  can  often  be  done  by  determining 
the  quality  and  kinds  of  material  through  sample  borings  and  by  ar- 
ranging to  pay  for  possible  variations  in  estimated  amounts  in  accord- 
ance with  their  actual  occurrence. 

In  the  excavation  of  trenches,  tunnels,  etc.,  a  large  item  of  ex- 
pense is  the  cost  of  handling  the  water  that  may  be  encountered.  In 
many  specifications  the  contractor  is  required  to  take  the  risk  as  to 
what  this  may  cost.  The  removal  or  reduction  of  the  risk  is  a  relief 
to  the  contractor  and  will  usually  reduce  the  price  bid  for  the  work. 
Such  a  clause  in  tunnel  work  is  occasionally  introduced  essentially  as 
follows : 

"The  contractor  will  be  required  to  pump  out  of  the  upper  section  of 
the  tunnel,  10,000  gallons  per  day  of  24  hours,  without  charge,  regardless  of 
the  amount  of  lift.  Any  excess  of  water  will  be  paid  for  at  the  rate  of  1,0-00 
gallons  specified  in  the  proposal.  "  2 

The  last  sentence  in  the  above  specification  is  objectionable  on 
account  of  the  fact  that  the  amount  of  the  excess  water  cannot  well  be 
estimated,  and  therefore  no  basis  of  comparison  of  various  fcds  is  pos- 
sible on  this  item.  It  would  apparently  be  better  to  state  in  the  speci- 
fication an  amount  which  will  be  paid  to  contractors  for  each  1,000 
gallons,  although  such  a  specification  would  probably  be  illegal  in  pub- 
lic contracts  where  the  work  must  be  let  to  the  lowest  responsible  bid- 
der.3 

Under  such  contracts,  in  all  cases  where  the  cost  of  any  extra 
work  is  fixed  at  cost  plus  a  percentage,  or  where  provision  is  made  for 
any  incidental  rock  excavation  or  other  contingent  expense,  at  a  cer- 
tain fixed  price  per  unit,  the  payment  for  such  work  can  be  enjoined 
by  a  taxpayer.  The  only  safe  method  therefore  under  public  con- 
tracts is  to  ask  for  a  percentage  bid  for  extra  work  or  for  a  unit  price 
for  any  other  contingent  expense. 

§  247.  Deep  Wells. — In  some  cases,  a  complete  investigation  is 
evidently  inexpedient.  For  example,  in  deep  borings  and  in  the  drilling 
of  deep  wells,  while  the  nature  of  the  geological  strata  can  in  general 

2  See.  Eng.  News,  Vol.  52,  p.  363. 

«  "When  the  law  provides  that  the  contracts  for  public  work  shall  be  let 
to  the  lowest  responsible  bidder,  any  provision  in  the  contract  which  fixes 
the  price  for  extra  work  without  having  invited  bids  on  that  item,  is  illegal, 
and  payments  at  rates  specified  may  be  enjoined  at  the  suit  of  the  tax- 
payer."— Moynahan  v.  Birkett,  S.  P.  2,  Dept.  31,  N.  Y.  Supreme  Court  293. 


392  Specifications  for  Engineering  Work 

be  ascertained,  these  strata  are  known  to  vary  to  a  considerable  extent 
in  character  and  thickness  from  point  to  point  and  no  means  of  ac- 
curately determining  their  exact  nature  and  extent  are  available  ex- 
cept by  the  construction  of  the  well  itself  or  a  smaller  one  in  the  im- 
mediate vicinity  which  would  involve  an  expense  very  greatly  in  ex- 
cess of  the  benefit  derived.  In  such  cases,  therefore,  a  statement  of 
the  approximate  geological  conditions  seems  desirable  and,  in  general, 
the  contractor  should  expect  to  take  the  risk  of  the  uncertainties  in  the 
characters  of  the  strata,  and  for  which  he  must  demand  proper  com- 
pensation. Provision  should  be  made  for  the  possibility  of  encounter- 
ing caving  material,  for  which  contingency  extra  expenses  may  be  oc- 
casioned by  the  necessity  for  enlarging  the  well  and  casing  off  the 
caving  material  in  order  that  greater  depths  may  be  reached  with  the 
desired  well  section.  It  will  usually  prove  economical  for  the  owner 
to  assume  the  responsibility  for  this  extra  expense,  for  if  he  does  not 
he  will  probably  pay  the  extra  cost  in  higher  prices,  whether  or  not 
the  expense  is  actually  incurred. 

§  248.  Investigations  for  Sewers. — In  investigations  for  sewers 
the  nature  of  the  material  which  will  probably  be  encountered  is  usu- 
ally determined  by  borings  or  soundings.  Such  materials  are  often 
classified  similarly  to  those  in  railroad  excavation,  and  on  this  basis 
payments  are  ordinarily  made.  This  limits  the  chances  taken  by  the 
contractor  and  to  a  much  greater  extent  than  where  he  is  left  to  es- 
timate the  varying  amounts  of  such  materials  on  the  basis  of  the  bor- 
ings which  have  been  made.  The  unevenness  of  the  strata  through- 
out the  extent  of  the  sewer  system  is  so  great  that  it  is  usually  inex- 
pedient to  take  sufficient  borings  to  determine  with  accuracy  the 
amount  of  rock  which  will  be  encountered.  The  variations  in  rock 
should  not  be  at  the  risk  of  the  contractor  so  far  as  amounts  are  con- 
cerned, and  the  expense  incurred  in  making  the  necessary  borings  will 
be  more  than  returned  by  the  lower  cost. 

A  clause  in  which  the  burden  is  thrown  upon  the  contractor  is  as 
follows  :4 

"The  Borough  does  not  warrant  the  correctness  of  the  soundings  as 
marked  on  the  profile.  The  contractor  must  assume  all  risks  resulting  from 
any  difference  from  the  soundings  found  to  exist  when  the  sewer  is  built." 

In  sewer  work,  the  greatest  item  of  uncertainty  usually  arises  not 
through  the  question  of  rock  or  earth,  but  from  the  variation  in  the 
qualities  of  soil  and  through  the  presence  of  water.  These  materials 
may  consist  of:  (i)  earth  more  or  less  easily  caving;  (2)  earth  or 


4  Eng.  News  Sup.,  Vol.  50,  p.  305. 


Designs      .  393 

clay  consolidated  and  free   from  cavings ;   (3)    sand  with  or  without 
water;  (4)  fine  sand  or  quicksand  and  water. 

It  is  usually  inexpedient  for  the  engineer  to  offer  the  above  clas- 
sification, and  the  questions  of  these  materials  and  conditions,  while 
they  should  be  determined  as  clearly  as  practicable  and  given  to  the 
contractor  as  data  for  use  in  preparing  his  bid,  must  usually  be  at  the 
contractor's  risk. 

§  249.  The  Basis  of  Designs. — In  every  technical  endeavor  the 
object  involved  is  the  accomplishment  of  certain  definite  results  at  a 
minimum  expense,  either  immediate  or  ultimate.  If  a  structure  is  to 
be  built  both  utility  and  a  certain  degree  of  beauty  are  usually  involved. 
If  permanent,  it  should  not  be  unsightly,  and  its  utility  may  demand 
any  degree  of  artistic  development  from  a  plain  but  sightly  structure  to 
those  structures  which  are  created  only  for  their  artistic  merit.  In  each 
case,  however,  the  object  is  to  accomplish  the  maximum  of  utility  for 
the  minimum  of  expense.  No  unnecessary  expense  is  warranted.  The 
structure  must  be  safe  and  the  degree  of  safety  must  be  measured  by  the 
possible  disastrous  results  of  failure.  Factors  of  safety  must  be  intro- 
duced and  are  made  necessary  by  variation  in  strength  of  material,  un- 
certainties of  manufacturing  processes  and  uncertainties  of  loadings 
and  consequent  strains  to  which  the  structure  may  be  subjected  and  to 
various  contingencies  to  which  it  may  be  exposed.  The  limitations  of 
strength,  and  the  extent  to  which  artistic  considerations  will  prevail 
will  always  be  a  question  of  experience  and  judgment,  and  while  these 
should  be  fixed  with  intelligence,  in  most  cases  a  doubt  may  remain  as 
to  whether  their  limits  are  too  small  or  too  great.  Safety  must  be  bal- 
anced against  expense,  and  the  expense  considered  must  always  involve 
both  first  cost  and  upkeep. 

In  operating  plants,  questions  of  efficiency  also  arise ;  first  cost  and 
upkeep  are  important,  but  the  running  expense  must  be  considered,  and 
greater  expense  of  installation  and  maintenance  may  be  warranted  by 
greater  or  more  satisfactory  output.  In  all  cases,  a  balance  between 
expense  and  results  must  be  struck  and  the  technical  man  is  responsible 
for  establishing  a  proper  equilibrium  between  these  various  factors. 

§  250.  Design. — To  design  properly  any  structure  or  plant  the 
designer  must  be  familiar  with  the  methods  which  must  be  used  in 
construction  in  order  that  the  construction  shall  be  practicable  and  can 
be  economically  performed.  The  design  and  the  consequent  specifi- 
cation should  not  include  unnecessary  refinements  or  unreasonable  re- 
quirements that  will  add  to  the  expense  without  giving  corresponding 
benefits.  The  design  will  have  a  large  effect  on  the  cost  of  construe- 


394  Specifications  for  Engineering  Work 

tion  and  this  fact  should  be  duly  considered  before  arbitrary  and  un- 
usual details  are  finally  adopted.  Designs  should  be  based  upon  the 
consideration  of  first  cost,  the  cost  of  maintenance,  and  in  certain 
cases,  the  cost  of  operation  as  well.  Low  first  cost  should  not  be  se- 
cured at  the  expense  of  high  maintenance  or  high  operating  expense 
but  true  ultimate  economy  should  be  considered  whenever  practicable. 
In  some  cases  temporary  construction  can  follow  only  with  the 
development  of  the  property.  In  plants  which  are  to  be  maintained 
and  operated  there  is  a  personal  equation  which  must  be  considered. 
Who  will  operate  and  maintain  the  plant  or  structure?  The  capacity 
and  ability  of  those  on  whom  dependence  must  be  placed  for  this  pur- 
pose, needs  careful  consideration.  High  grade  machinery  and  diffi- 
cult maintenance  must  not  be  trusted  to  incompetent  men  and  where 
inefficient  assistants  must  be  utilized  for  such  purposes,  simplicity  of 
design  is  highly  essential.  In  the  arrangement  of  an  operating  plant 
the  same  factors  must  be  considered.  If  the  plant  is  so  arranged  that 
the  easiest  thing  to  do  is  the  right  thing  to  do,  it  may  confidently  be 
expected  that  it  will  be  done  but  not  otherwise.  It  is  not  enough  that 
a  plant  be  well  and  economically  designed  and  carefully  constructed. 
It  must  also  be  easily  maintained  and  readily  operated  by  the  class  of 
men  that  can  be  secured  for  such  purposes,  and  these  factors  are  equal 
in  importance  to  the  other  physical  factors  in  shaping  the  design. 

The  study  for  a  design  requires  an  extensive  investigation  of  the 
various  types  of  similar  development  that  are  in  practical  use  and  the 
adaptability  of  such  designs  to  the  conditions  of  the  particular  locality 
under  consideration.  It  is  seldom  that  plans,  no  matter  how  success- 
fully carried  out  in  one  place,  can  be  duplicated  to  advantage  in  an- 
other. Each  plant  should  be  built  to  meet  the  particular  conditions 
under  which  it  is  to  be  installed,  maintained  and  operated,  and  the  best 
ideas  from  all  sources  that  will  apply  to  the  local  conditions  should  be 
correlated  and  embodied  in  the  proposed  design.  Extensive  experi- 
ence, observation,  and  study  are  each  desirable  and  essential  for  the 
best  results. 

The  structure  when  completed  should  be  suitable  in  every  way 
for  its  purpose  but  no  unnecessary  expense  should  be  incurred.  The 
best  of  everything  is  not  always  essential  or  desirable. 

"Reduction  of  first  cost  to  the  lowest  possible  point  is  in  logical 
or  economical  order  the  first  consideration ;  although  therefore  not  by 
any  means  either  the  most  important  or  the  governing  consideration. 
That  this  is  so  is  easily  seen,  however  often  forgotten.  It  is  not  only 
businesslike  common  sense  for  investors  and  their  servants,  but  it  is 


Designs  395 

sound  political  economy  for  the  community  as  a  whole.  It  does  not 
mean  nor  imply  cheap  and  shabby  construction.  It  simply  means  an 
avoidance  of  waste,  either  in  saving  money  or  in  spending  it.  It  sim- 
ply means  a  recognition  of  the  fact  that  every  dollar  and  every  day's 
work  that  goes  into  the  ground  and  does  not  bring  something  out  of 
it,  makes  not  only  the  individual  but  the  whole  community  poorer."  5 

For  his  own  as  well  as  for  his  client's  good,  the  engineer  should 
endeavor  to  secure  the  very  best  results  possible  when  all  things  are 
carefully  weighed  and  considered.  No  reasonable  amount  of  consci- 
entious work,  painstaking  thought,  study,  labor  or  expense  should 
stand  in  the  way  of  such  results ;  and  anything  less  than  this  is  a  detri- 
ment to  future  professional  attainments,  which  no  engineer,  young  or 
old,  can  afford. 

§  251.  False  Economy  in  Design. — In  the  building  of  shafts  and 
tunnels,  the  cost  of  excavation  and  filling  beyond  the  neat  lines  of  the 
exterior  of  the  lining  is  sometimes  an  item  of  considerable  importance. 
In  many  cases,  designers  limit  the  excavation  to  these  neat  lines  and 
in  consequence  the  specifications  require  the  contractor  to  assume  all 
risks  of  extra  excavation  and  filling  and  the  extra  cost  must  therefore 
be  included  in  some  other  item  of  the  proposal.  In  some  cases,  specifi- 
cations are  so  drawn  as  to  divide  the  risk  by  inserting  a  clause  provid- 
ing that  any  excavation  beyond  the  neat  lines,  due  to  unavoidable  falls 
and  breaks,  shall  be  paid  for  at  a  price  which  is  usually  named  a  little 
less  than  the  actual  cost  to  the  contractor.6  By  such  means  the  con- 
tractor is  assured  of  a  certain  compensation  for  all  excavation  and  re- 
filling, but  at  a  rate  which  will  not  make  it  an  object  to  go  beyond 
these  lines  on  account  of  a  high  price  for  the  required  filling. 

In  other  cases  the  entire  risk  is  placed  on  the  contractor. 
In  the  specification : 

"Concrete  lining  will  be  placed  throughout  the  tunnel  as  indicated  by 
the  drawing.  Any  excavation  beyond  the  neat  lines  of  the  tunnel  section 
as  shown  on  the  drawings,  shall  be  filled  to  the  satisfaction  of  the  engineer 
and  no  allowance  will  be  made  therefor." 

not  only  is  the  risk  placed  on  the  contractor  but  the  working  is  indefi- 
nite and  therefore  unsatisfactory.  The  nature  of  the  filling  should  be 
stated,  whether  clay,  rock  or  concrete.  It  is  easy  for  the  engineer  to 
here  specify  the  character  of  the  material  that  will  be  required  and 
leave  out  the  doubtful  term  "satisfaction." 


*  A.  M.  Wellington,  Eng.  News  Sup.,  April  28,  1004,  p.  32G. 
«  See  Eng.  News,  Vol.  52,  p.  362. 


396  Specifications  for  Engineering  Work 

It  should  be  remembered  that,  while  throwing  the  cost  of  this 
extra  fill  on  the  contractor  may  be  an  apparent  saving  in  the  cost  of 
the  work,  in  order  to  keep  down  the  amount  of  additional  extra  work, 
extra  cost  may  be  involved.  Extra  cost  may  be  caused. 

First:  By  drilling  holes.   ' 

Second:  By  the  cost  of  powder  and  labor  required  to  break  rock 
to  small  size  for  loading. 

Third:  By  the  cost  of  trimming  projections  from  the  side  of  shaft 
or  tunnel. 

What  is  desired  is  the  construction  of  proper  work  at  the  least  ex- 
pense to  all  concerned,  and  the  cost  of  a  reasonable  amount  of  break- 
ing beyond  the  neat  lines  may  be  more  than  saved  in  reducing  the 
extra  cost  of  careful  excavation.  The  above  is  but  a  single  example 
of  how  false  economy  may  sometimes  be  attempted  in  the  preparation 
of  designs  and  specifications. 

§  252.  Estimates. — Estimating  the  cost  of  structures  and  mate- 
rial is  an  important  duty  of  the  engineer.  The  financial  -success  de- 
pends on  the  actual  cost  of  such  works  and  the  works  must  be  financed 
on  the  basis  of  these  estimates.  If  the  actual  cost  greatly  exceeds  the 
estimated  cost,  a  project  which  may  have  seemed  financially  attractive 
may  prove  a  financial  failure ;  and  even  if  failure  does  not  result  the 
necessary  refinancing  may  prove  an  expensive  handicap. 

Plans  are  rarely  made  for  large  and  important  structures  that  do 
not  require  more  or  less  modification  during  construction.  Unless 
this  fact  is  duly  appreciated  by  the  designer  and  liberally  allowed  for 
in  the  estimates  of  cost,  the  estimates  will  always  be  found  more  or 
less  inadequate  to  complete  the  structure.  The  hazards  of  construc- 
tion increase  with  the  difficulties  of  construction.  In  the  superstruc- 
ture of  one  of  the  large  buildings  of  Chicago,  designed  by  one  of  the 
best  architects  of  that  city,  and  which  was  completed  without  any  seri- 
ous mishaps,  the  cost  of  extras  increased  the  original  contract  price 
almost  twenty-five  per  cent.,  or  about  $700,0001  on  a  $3,000,000  esti- 
mated cost. 

Engineering  structures  are  sometimes  built  in  locations  where 
they  are  subject  to  considerable  hazard  due  to  conditions  that  cannot 
be  fully  predetermined  and  to  the  contingencies  of  storm  and  flood, 
which  cannot  be  foreseen.  In  such  cases  the  ultimate  cost  cannot  be 
accurately  determined  and  is  frequently  greatly  understimated. 

The  engineer  designing  a  structure  or  plant,  if  unfamiliar  with 
the  contingencies  of  actual  construction,  can  scarcely  conceive  the 
unforeseen  circumstances  which  may  and  frequently  will  occur  when 


Estimates  397 

his  plans  are  being  carried  out  in  the  field.  An  estimate  in  detail  of 
the  reasonable  cost  of  each  feature  of  the  work  can  seldom  cover  all 
the  costs  involved  in  the  construction  of  such  structure  and  the  cost 
must  be  overestimated  or  a  large  contingent  estimate  must  be  added 
in  order  to  cover  the  actual  cost.  An  engineering  project  which  will 
pay  only  fair  returns  on  a  close  estimate  of  cost,  is  seldom  worthy  of 
serious  consideration  as  unforeseen  expenses  will  often  make  it  a  los- 
ing investment. 

In  a  recent  water  power  development  which  was  under  advise- 
ment for  a  number  of  years,  and  which  was  perhaps  as  thoroughly 
considered  and  as  carefully  planned,  both  in  design  and  in  methods  of 
construction  to  be  pursued,  as  any  other  development  of  late  years,  the 
cost  of  the  finished  project  exceeded  the  estimate  by  thirty-three  per 
cent.  The  estimate  of  cost  was  about  $21,000,000;  the  actual  cost 
about  $28,000,000.  In  another  case,  where  estimates  were  carelessly 
made,  the  original  estimated  cost  was  $800,000,  and  the  actual  cost  of 
the  complete  development  about  $2,500,000. 

It  is  of  course  obvious  that  a  project  which  may  be  very  attractive 
on  a  basis  of  an  investment  of  $800,000  is  likely  to  be  a  serious  failure 
on  the  basis  of  an  investment  of  $2,500,000;  and  even  a  project  which 
seems  attractive  on  the  basis  of  a  $21,000,000  investment  may  be  seri- 
ously handicapped  by  an  expense  of  $28,000,000  unless  there  is  a  pros- 
pect of  extraordinary  returns  on  the  basis  of  the  original  estimated 
cost. 

The  unexpected  extra  cost  of  such  developments,  due  to  unfore- 
seen delays  in  construction,  are  often  serious.  The  interest  on  bonds 
must  be  met  semi-annually  or  annually  from  the  date  of  their  issue; 
hence  interest  during  construction  is  an  important  item  in  the  building 
of  any  structure  or  in  the  cost  of  development  of  any  industry,  and  is 
an  item  which  is  particularly  uncertain  in  hazardous  construction. 
In  a  recent  water  power  development  a  flood,  the  most  extraordinary 
that  had  occurred  on  the  river  within  the  known  records,  not  only 
caused  a  loss  of  approximately  $40,000  to  the  work  under  construc- 
tion, but  was  followed  by  continuous  and  unusually  high  water  for  the 
year  following,  so  that  not  more  than  ninety  working  days  were  avail- 
able within  the  year.  In  the  same  project,  an  ice  jam  in  the  spring 
carried  out  all  the  trestle  and  false  works,  involving  a  loss  of  perhaps 
$10,000  more.  These  casualties  created  a  delay  of  more  than  a  year 
with  an  extra  interest  cost  of  approximately  $100,000. 

From  the  above  it  becomes  apparent  that  all  estimates  should  be 
liberally  made,  and  that  if  the  financial  feasibility  depends  on  a  very 


398  Specifications  for  Engineering  Work 

limited  expenditure,  the  estimates  must  be  made  with  the  greatest  of 
care. 

Office  engineers  who  have  had  little  or  no  experience  in  the  field 
cannot  readily  appreciate  the  contingencies  of  actual  construction. 
Floods,  storms,  accidents,  unavoidable  delays  in  the  receipt  of  materi- 
als, scarcity  of  labor,  strikes,  etc.,  have  comparatively  little  meaning  in 
the  office  but  they  are  very  real  in  the  field  and  will  constantly  occur 
and  add  an  unanticipated  cost  to  office  estimates.  These  contingencies 
are  a  real  part  of  the  cost  of  the  work  and  just  as  much  a  part  as  the 
cost  of  material  and  labor  and  consequently  must  be  taken  into  account 
in  the  estimates. 

Published  cost  figures  are  often  unreliable  or  misleading.  In  the 
first  place  the  conditions  are  not  sufficiently  defined  to  assure  an  un- 
derstanding of  what  estimate  of  cost  the  figures  actually  include,  and 
they  frequently  omit  general  supervision  and  general  and  overhead 
expenses.  In  the  second  place  such  figures  are  seldom  given  unless 
they  are  comparatively  low.  If  work  has  cost  an  excessive  amount 
the  cost  figures  are  not  a  matter  for  congratulation  and  are  seldom 
published.  Such  figures  when  used  must,  therefore,  be  used  with  dis- 
cretion and  must  be  substantiated  by  inquiries  made  to  determine  their 
applicability  to  the  case  in  hand. 

Besides  the  local  physical  conditions  which  must  be  considered  in 
estimating  the  cost  of  construction,  there  are  other  factors  peculiar  to 
each  locality  that  should  be  considered.  In  large  cities  labor  is  more 
plentiful  but  wages  are  apt  to  be  higher  and  labor  troubles  more  nu- 
merous. The  cost  of  materials,  wholesale,  is  not  greatly  different  in 
the  large  or  small  community.  Other  difficulties  due  to  municipal  re- 
strictions, such  as  traffic  obstruction,  etc.,  are  much  greater  in  the 
large  than  in  the  small  city.  The  consequent  cost  of  doing  work  is 
therefore  frequently  greater  in  the  large  city,  and  this  is  particularly 
so  in  regard  to  subsurface  work. 

Distance  from  the  market  for  labor  and  material  will  also  affect 
the  cost.  It  is  frequently  difficult  to  secure  and  hold  labor  at  points 
far  remote  from  cities  and  delays  and  extra  expense  result. 

Accurate  estimates  can  be  based  only  on  a  somewhat  extended 
practical  experience  in  actual  construction  work.  The  young  en- 
gineer should  begin  at  an  early  date  to  secure  data  of  the  actual  cost 
of  the  work  which  he  sees  performed,  and  in  so  doing  should  take  into 
account  the  general  and  overhead  expenses  which  are  not  as  apparent 
but  are  no  less  real  than  the  actual  work  and  material  which  are 
placed  in  the  structure  or  work. 


Estimates  399 

Even  personal  experience  is  apt  to  be  misleading.  Those  who 
have  had  experience  on  difficult  and  expensive  work  will  overestimate 
the  cost  of  work  where  few  difficulties  or  contingencies  are  involved, 
and  the  reverse  is  equally  true  and  more  dangerous  to  the  estimator. 
The  contractor  who  is  used  to  doing  work  in  large  cities  can  seldom 
successfully  compete  with  others  for  work  in  the  smaller  cities,  and 
contractors  who  have  been  doing  work  in  the  smaller  places  are  apt, 
unless  great  care  is  used,  to  underestimate  the  cost  of  work  in  large 
cities  and  to  accept  losing  contracts  on  account  of  their  lack  of  apprecia- 
tion of  the  much  greater  cost  involved. 

§  253.  Specifications. — The  subject  matter  of  which  the  specifi- 
cations for  architectural  work  and  for  engineering  structures  and 
plants  are  to  treat  should  include : 

A.  The  materials,  supplies  and  machinery  to  be  furnished. 

B.  The  work  to  be  done. 

C.  The   methods   to  be   employed   in   furnishing   material   or   in 
performing  the  work. 

D.  The  results  to  be  accomplished. 

In  general,  the  logical  arrangement  of  specifications  will  call 
(i)  for  the  description  of  the  work  as  a  whole,  and  (2)  for  the  de- 
scription of  the  same  in  detail  and  in  the  logical  order  of  its  con- 
struction, so  far  as  this  can  be  done,  and  still  complete  the  detail 
specification  of  each  part  when  the  description  is  once  begun.  In 
general,  the  logical  arrangement  will  be. 

A.  General  description. 

B.  Foundation  or  principal   features.       (a)  Acessories  or  spec- 
cific  details. 

C.  Substructure  or  secondary  features,     (a)  Accessories  or  spec- 
ific details. 

D.  Superstructure  or  general  details,     (a)  Accessories  or  specific 
details. 

E.  Ornamentation  and  finishing  as  a  whole  and  in  detail. 

The  main  subdivisions  of  any  work  should  also  be  described  in 
general  and  in  detail.  The  general  description  should,  in  all  cases, 
be  sufficient  to  afford  a  general  knowledge  of  the  work  or  portion 
of  the  work  under  discussion.  The  detail  specifications  should  be 
confined  to  individual  features  and,  in  their  description,  should  be 
exhaustive. 

In  general,  such  specifications  are  made  up  of  specifications  for 
fundamental  materials,  processes,  and  for  machinery,  and  all  that 


400  Specifications  for  Engineering  Work 

has  been  previously  stated  in  regard  to  those  subjects  applies  to  the 
complete  structures,  plants  or  works  of  which  they  constitute  the 
elements. 

Such  specifications  may  include  both  general  and  detailed  spec- 
ifications, and  in  all  cases  require  a  considerate  special  technical 
experience  and  knowledge  in  their  preparation. 

§  254.  Outline. — Preceding  the  preparation  of  specifications  for 
complete  structures  an  outline  should  be  prepared  including  all 
items  which  should  be  covered  in  the  required  specification.  As 
these  structures  are  even  more  complicated  and  contain  a  greater 
amount  of  detail  than  the  subjects  heretofore  discussed,  such  an  out- 
line becomes  even  more  important  in  order  that  the  specifications 
when  prepared  shall  include  all  necessary  requirements.  The  outlines 
shown  in  Appendix  A  will  give  the  idea  of  such  outlines  as  devel- 
oped by  the  author  in  his  professional  practice. 

§  255.  Assignments  for  Preparing  Outlines  and  Specifications 
for  Engineering  and  Architectural  Work. — For  the  purpose  of  giv- 
ing more  point  and  interest  to  the  work  of  preparing  specifications  for 
engineering  or  architectural  works,  it  is  desirable  that  assignments  be 
based  on  actual  plans  for  such  works.  These  plans  should  be  in 
sufficient  detail  so  that  the  requirements  can  be  clearly  distin- 
guished. For  student  practice  the  plans  selected  should  be  for  sim- 
ple structures  as  being  more  nearly  within  the  capacity  of  the  student. 
Even  such  simple  structures  will  be  difficult  for  the  beginner,  and 
the  complicated  subjects  often  assigned  are  so  entirely  beyond  their 
comprehension  and  ability  that  they  simply  result  in  the  unintelli- 
gent copying  of  other  specifications  and  little  consequent  benefit  to 
the  student. 

For  purposes  of  assignment,  a  number  of  drawings  of  simple 
structures  are  given  in  the  Appendix  C.  A  few  of  these  drawings  are 
more  elaborate  and  involve  a  number  of  parts  into  which  they  may 
be  subdivided.  In  this  way,  the  preparation  of  a  more  elaborate 
specification  can  be  undertaken  by  several  students,  and  the  idea 
can  be  made  manifest  that  all  elaborate  specifications  consist  simply  of  a 
number  of  more  or  less  simple  parts  or  features  joined  together  in 
a  consistent  and  complete  whole. 

Besides  the  drawings  of  simple  works  given  in  the  Appendix, 
there  are  occasional  plans  of  simple  structures  published  in  the  tech- 
nica'l  press  in  form  sufficiently  complete  to  afford  a  fairly  satisfac- 
tory basis  for  the  writing  of  specifications. 


Subjects  for  Specifications  401 

The  following  list  contains  a  few  references  to  such  drawings. 

§  256.  Plans  from  which  Specifications  may  be  Prepared. 

Page 

A  Superstructure  for  a  Turn  Table Eng.  Rec.,  Vol.  71,     290 

Bulkhead  to  Protect  Points  on  New  Jersey  Sea  Shore      "  "        "  71,     547 

Leads  for  Drilling  Outfit  "  "        "  71,     725 

Standard   Gate  House  for   36"   Valve   on   Steel   Pipe 

Line   "  "        "  72,     407 

Railroad  Car  Bumper    "  "        "  72,     474 

Fifteen  Ton  Guyed  Derrick  "  "        "  72,     532 

Small  Reinforced  Arch  Bridge  "  "        "  72,     599 

River  Wall  at  Davenport,  Iowa "  "        "  69,     396 

Reinforced  Concrete  Garage   "  "         "  70,       88 

Drainage  Pumping  Station "  "         "  70,     137 

Washington  Park  Sewerage  Pumping  Station "  "         "  74,     292 

Automatic  Reversing  Hoist  "  "        "  74,     301 

Concrete  Pier,  Cleveland,  Ohio "  "        "  74,     258 

Monolithic  Concrete  Sewer  and  Trestle Eng.  News    "  73     309 

Overhanging  Pile  Driver "  "        "  73,     399 

Timber  Bulkhead  to  Retain  Pill "  "        "  73,     942 

Pump  House  for  Group  of  Wells "  "        "  71,      29 

Snow  Shed "  "         "  7l,  1228 

Plate  Girder  Railroad  Bridge "  "        "  74,  1106 

Hollow  Concrete  Dam "  "         "  74,  1032 

Concrete  Lamp  Post   "  "        "  74,     989 

Stone  Fill  Timber  Crib  Bulkhead "  "       .  "  74,    740 


APPENDIX  A 

§  i.  Outline  of  Specifications  for  the  Construction  of  a  Building. 
I.  Extent  of  contract: 

General    description    of    work    and    material    to    be    furnished    under 

the  contract. 
II.  Estimate  of  quantities: 

Approximate  or  exact  quantities  and  kinds  of  work  and  material. 
III.  Plans  and  Drawings. 
IV.  Engineering  work-lines,  grades,  etc. 
V.  Special  work. 
VI.  Materials: 

A.  Furnished  by  the  owner  delivered  where. 

B.  If  furnished  by  the  contractor: 

1.  (a)  Cement, 
(ft)   Sand, 
(c)   Gravel. 
(<Z)  Water. 

2.  Steel,  reinforcing. 

3.  Steel,  structural.  -  .<•.} 

4.  Brick: 

(a)   Common. 
(&)  Face  exterior. 

(c)  Face  interior. 

(d)  Glazed  or  decoration. 

5.  Rubble  stone. 

6.  Cut  stone: 

Dressed. 
Polished. 

7.  Tile: 

(a)   Wall. 
(&)   Roof. 

(c)  Floor. 

(d)  Coping. 

(e)  Decorative. 

8.  Lumber: 

(a)   Rough. 
(6)   Dimension, 
(c)   Finishing. 

9.  Piling: 

(a)   Bearing. 
(6)   Sheet. 

10.  Plaster. 

11.  Doors: 

Exterior. 
Interior. 


Outline  for  a  Building  403 

12.  Windows. 

13.  Roofing. 

14.  Flashing  and  sheet  metal  work. 

15.  Lighting: 

(a)  Conduits. 
(&)  Switches, 
(c)  Outlets. 

16.  Piping: 

(a)  Gas. 

(b)  Water. 

(c)  Steam. 

17.  -Power  and  heating  plant. 
VII.  General  furnishings: 

A.  Scaffolds,  ladders,  hoists  and  other  equipment  incidental  to  the 

proper  execution  of  the  work. 

B.  Rough  hardware: 

Nails,   spikes,   bolts,   scraps,   etc.,   incidental   to   the   construc- 
tion. 

C.  Blocking. 

D.  Bond  timbers. 

E.  Wood  centers,  templets,  forms,  etc. 

F.  Temporary  covers  for  door,  window  and  other  openings. 

G.  Workmanship. 
H.  Inspection. 

7.  Cleaning  premises  after  completion  of  work. 
VI IT.  Foundations: 

A.  Preparation  of  site: 

1.  Removing  existing  structures,  etc. 

2.  Grading. 

B.  Excavation: 

1.  Earth. 

2.  Rock. 

3.  Other  excavation. 

4.  Blasting. 

5.  Disposal  of  excess  material. 

6.  Ownership  of  excess  material. 

C.  Piling. 

D.  Sheet  piling,  shoring,  bracing,  etc. 

E.  Caissons. 

F.  Grillage. 

G.  Footings. 
H.  Concrete. 
I.  Grouting. 

J.  Mason  work. 

K.  Protection  of  existing  property: 
1.  Responsibility  for  injury. 
L.  Backfilling: 

1.  Tamping. 

2.  Puddling. 


404  Appendix  A 

IX.  Floors  and  ceilings: 

A.  Concrete: 

1.  Plain. 

2.  Reinforced. 

B.  Tile. 

C.  Structural  steel  work. 

D.  Lumber — carpenter  work. 

E.  Openings. 

F.  Columns: 

1.  Coverings. 

G.  Girders: 

1.  Coverings. 

//.  Finishing: 

1  Concrete  surface. 

2.  Finishing  and  painting. 

3.  Granitoid. 

4.  Tile. 

5.  Polished  stone. 

6.  Wood  and  finish. 

7.  Other  surfaces. 

I.  Plastering  under  side  or  other  finish. 
J.  Suspended  ceilings— plastering,  etc. 

X.  Walls: 

A.  Outside  walls: 

1.  Concrete. 

2.  Brickwork: 

a    Common  brick. 

a    Selected  brick,  bearing  brick,  etc. 

ao  Bonding. 

a~  Jointing. 

a4  Mortar. 

b   Face  brick. 

b    Bonding: 

Straight  wall. 

Around  openings. 

Trimmings  and  belt  courses. 
bo  Jointing. 
b~  Mortar. 

3.  Stucco — outside  plastering. 

4.  Structural  steel. 

5.  Terra  cotta  and  cut  stone. 

6.  Lumber. 

7.  Openings: 

(a)  Window. 

(b)  Door. 

(c)  Special. 

8.  Cutting  and  patching. 

9.  Cleaning  and   painting. 

10.  Lathing,  furring  and  plastering. 


Outline  for  a  Building  405 


B.  Partition  and  interior  walls: 

1.  Tile. 

2.  Metal  lath  and  plaster. 

3.  Concrete. 

4.  Wood  lath  and  plaster. 

5.  Brick. 

C.  Face  brick — Interior  decoration  brick 

7.  Stone. 

8.  Composition. 

XI.  Windows: 

A.  Sash. 

B.  Frame. 

C.  Trim. 

D.  Glazing. 

E.  Operating  services. 

F.  Hardware: 

1.  Locks. 

2.  Hinges. 

3.  Weights  and  rollers. 

G.  Sills. 
H.  Lintels. 

XII.  Doors:  , 

A.  Door. 

B.  Frame. 

C.  Trim. 

D.  Glazing. 

E.  Hardware: 

1.  Locks. 

2.  Hinges. 

3.  Rollers. 

4.  Track. 

5.  Checks. 

F.  Threshold. 

XIII.  Roof: 

A.  Concrete. 

B.  Tile. 

C.  Composition. 

D.  Shingle. 

E.  Tin  or  iron. 

F.  Structural  steel. 

G.  Timber. 
H.  Skylights. 

7.  Ventilators. 
•7.  Air  shafts. 
K.  Drains: 

1.  Gutters. 

2.  Downspouts. 


406  Appendix  A 

L.  Flashing: 

1.  Openings.  '     ' 

2.  Chimney. 

3.  Ventilator. 

4.  Pipe  outlets,  etc. 

XIV.  Stairways: 

A.  Iron  or  steel. 

B.  Concrete. 

C.  Stone. 

D.  Wood. 
XV.  Railings: 

A.  Iron. 

B.  Wood. 

XVI.  Platforms: 

A.  Iron. 

B.  Concrete. 

C.  Wood. 

XVII.  Finishing: 

A.  Carpenter  work. 

B.  Plastering. 

C.  Outside  painting: 

1.  Mixing  paints. 

2.  Stopping,  filling  and  puttying. 

3.  Staining. 

D.  Interior  finishing: 

1.  Painting: 

(a)   Mixing  paints. 

(Z>)  Filling,  stopping,  puttying. 

(c)  Staining. 

(d)  Varnishing. 

(e)  Decorating. 

XVIII.  Plumbing: 

A.  Cast  iron  pipe  and  fittings. 

B.  Wrought  iron  pipe. 

C.  Vitrified  pipe. 

D.  Other  pipe: 

1.  Lead. 

2.  Brass. 

3.  Plated. 

E.  Pipe  joints. 

F.  Fittings  and  valves. 

G.  Fixtures,  traps,  etc. 
H.  Ventilation  risers. 

7.  Supply  pipe. 

XIX.  Lighting: 

A.  Wiring  and  conduits. 

B.  Piping,  valves  and  connections. 

C.  Switches  and  outlets. 


Outline  for  Power  Station  407 


XX.  Heating: 

A.  Furnace. 

B.  Boilers. 

C.  Piping: 

1.  Steam  or  hot  water. 

2.  Sheet  metal. 

3.  Pipe  covering. 

4.  Valves. 

D.  Radiators. 

E.  Registers. 

§  2.  Outline  of  Specification  for  small  Power  Station. 

1.  Extent  of  contract. 

2.  Location. 

3.  Description. 

4.  Excavation. 

5.  Masonry  work: 

A.  Foundation  walls. 

B.  Brick  walls. 

C.  Cut  stone. 

D.  Mortar. 

E.  Cement: 

(a)  Kind. 
(6)   Delivery. 

(c)  Testing. 

(d)  Qualities— weight,  time  of  setting,  fineness,  strength. 

F.  Sand. 

G.  Crushed  stone. 
H.  Concrete. 

7.  Placing  concrete. 

J.  Stack. 

K.  Machinery  foundations. 
L.  Plastering. 

6.  Roof: 

A.  General. 

B.  Boiler  room. 

C.  Engine  room. 

D.  Laying  tile. 

E.  Tile. 

F.  Gutter  and  down  spouts. 

7.  General  work. 

8.  Carpenter  work. 

A.  Floor  of  the  engine  room. 

(a)  Joists. 
(&)  Floor, 
(c)  Stairway. 

B.  Ceiling  of  engine  room. 

(a)  Ceiling  joists. 
(6)  Ceiling. 


408  Appendix  A 

C.  Roof. 

(a)  Trusses, 
(ft)  Rafters. 

(c)  Roofing. 

(d)  Gutters. 

D.  Inside  work. 

(a)   Doors, 
(fc)  Windows. 

(c)  Trimmings. 

(d)  Wainscoting. 

(e)  Finishing. 
(/)   Lumber, 
(gr)   Bridging. 

9.  Painting. 

A.  Paint. 

10.  Cleaning  building. 

11.  Payments. 

§  3.  Outline  Specifications  for  Bridge  Substructure. 

1.  Description  of  work,  or  extent  of  contract. 

2.  Plans  and  drawings. 

3.  Grading,  embankment  and  roadways. 

4.  Foundations. 

A.  Excavation — Depth  and  size. 

B.  Sheet  piling,  coffer  dam  or  caisson. 

C.  Pumping  and  draining. 

D.  Masonry  footings. 

Concrete. 

E.  Piles. 

(a)  Size. 

(b)  Driving. 

(c)  Sawing. 

F.  Grillage. 

(a)   Material. 
(&)  Drift  Pins. 

G.  Riprap. 

5.  Materials. 

A.  Stone  or  gravel. 

B.  Cement. 

C.  Sand. 

D.  Mortar. 

E.  Concrete. 

6.  Masonry. 

A.  Class. 

B.  Footing  stone. 

C.  Stretchers. 

D.  Headers. 

E.  Backing. 

F.  Bonding. 


Outline  for  Substructure  409 

G.  Laying 

(a)  Joints. 

(&)   Bedding, 
(c)   In  freezing  weather. 
H.  Cutting. 

(a)  Face. 
(&)  Joints. 

(c)   Draft,  batter  line  and  corners. 
I.  Coping. 
7.  Pedestals. 
K.  Cut  water. 
L.  Bridge  seats. 
M.  Pointing. 
7.  Construction  plant. 

§  4.  Outline  of  Specification  for  Iron  Bridges  or  Structural 
Work. 

(Only  general  plans  furnished) 
1.  General  description. 

General  data. 
Classification. 
Description. 
Material. 
Head  room. 
Roadway. 
Foot  walks. 
Hand  rails. 
Stress  in  timbers. 
Steel  beams. 

Floor  girder. 
Stringers. 
Bracket  plates. 
Bracing. 
Length  of  span. 

2.  Load— dead  and  live  and  wind. 

3.  Proportion  of  plate. 

4.  Details  of  construction  and  workmanship. 

5.  Qualities  of  material. 

6.  Inspection. 

7.  Painting. 

8.  Erection. 

9.  Acceptance. 

§  5.  Outline  of  Specification  for  Bridge  or  Roof  Truss. 

(Detailed   plan   furnished.) 
•  1.  Description  of  work. 

2.  Plans. 

3.  Quality  of  material. 

Class. 

Wrought  iron. 
Steel. 


410  Appendix  A 

Cast  iron. 

Phosphor  bronze. 
Purpose. 

Rivets. 

Pins. 

Punching. 

Plates. 

Shapes. 

Eye  bars. 
4.  Workmanship. 
f>.  Details  of  construction. 
Eye  bars. 
Tension  members. 
Pin  holes. 
Ties  and  counters. 
Turnbuckles. 
Pins. 

Web  plates. 
Rivets. 
Splice  plates. 
Flooring  and  wheel  guard. 

6.  Inspection  and  tests. 

7.  Painting. 

8.  Erection. 

9.  Acceptance. 

§  6.  Outline  for  Specifications  for  Stand  Tower  and  Appur- 
tenances. 

1.  Extent  of  contract. 

2.  Location. 

3.  General  description. 

4.  Laying  out  work. 

5.  Foundation. 

A.  Excavation  and  filling. 
G.  Foundation  masonry  and  masonry  superstructure. 

(a)   Concrete,  making  and  placing. 
(&)   Stone  or  gravel. 

(c)  Cement. 

(d)  Sand. 

(e)  Mortar. 

(/)  Quality  of  stone. 
(g)  Rubble  stone. 
(70   Cut  stone. 

(  i  )  Valve  chambers,  pipe  tunnels,  etc*. 
7.  Trestle. 

A.  Posts. 

B.  Shoe  plate  and  anchorage. 

C.  Cap  and  top  connection. 


Outline  for  Water  Tower  411 

8.  Balcony. 

9.  Tank. 

A.  Dimensions. 

B.  Material. 

(a)   Inspection. 
(&)   Size  of  sheet. 
(7.  Shop  work. 

(a)  Rivet  holes. 

(&)  Corners  of  sheets. 

(c)  Calking  edge. 

(d)  Bending  and  fitting  plates. 

(e)  Joints. 
(/)   Bottom. 
(g)  Connection. 
(70  Manhole. 

D.  Thickness  of  sheets,  size  and  spacing  rivets, 
(a)  petails. 
(&)  Rivets. 

(c)  Riveting. 

(d)  Calking. 

10.  Appurtenances: 

A.  Rising  pipe. 

B.  Expansion  joint. 

C.  Frost  pipe. 

D.  Base. 

E.  Automatic  valve. 

F.  Overflow  pipe. 

G.  Ladder  or  stairway. 
H.  Cornice. 

7.  Roof. 

J.  Trap  door.  k' 

K.  Finishing: 

(a)  Cleaning. 

(ft)  Riveted  and  inaccessible  work. 

(c)  Shop  coat. 

(d)  Final  work. 

(e)  Paint. 

(/)   Inspection. 
(g)  Application. 
L.  Testing. 

11.  Payments. 

§  7.  Outline  of  Specifications  for  laying  Cast  Iron  Water  Pipe, 
Including  Setting  of  Special  Castings,  Hydrants,  Valves,  etc. 

1.  Description  of  work  and  material  to  be  furnished  under  the  contract. 

2.  Approximate  quantities  and  kinds  of  work  to  be  done  under  the  contract. 

3.  Plans,  profiles  and  drawings. 

4.  Engineering  work,  lines,  grades,  etc. 

5.  Special  work. 


412  Appendix  A 


6.  Materials:     Furnished  by  whom: 

A.  Where  delivered  to  contractor. 

B.  Distribution. 

C.  Delays  in  receipt  of. 

D.  Breakage  and  inspection. 

E.  Report  of  number,  size  and  breakage. 

F.  Responsibility. 

7.  Excavation  and  trenching: 

A.  Line. 

B.  Size  of  trench: 

(a)   Depth. 
(6)  Width. 

C.  Grade. 

D.  Disposal  of  material. 

E.  Removal  improved  street  surfaces. 

F.  Material: 

(a)  Earth. 
(&)  Rock. 

G.  Extra  excavation  and  foundation. 
H.  Bell  holes. 

7.  Bracing  and  shoring. 
J.  Protection  of  buildings. 
K.  Draining,  bailing  and  pumping. 
L.  Obstructions. 

M.  Limits  of  amount  of  work  opened. 
N.  Bridging  trench  for  street  and  side  walk  travel. 

8.  Back  filling: 

A.  Tamping,  puddling,  etc. 

B.  Replacing  improved  street  surfaces. 

C.  Removing  shoring,  etc. 

D.  Repairing  injuries  to  pipes,  drains,  etc. 

E.  Removal  of  surplus  material,  rubbish,  etc. 

F.  Replacing  improper  material    (in  rock   excavation) 

9.  Pipe  laying: 

A.  Order  of  laying,  storage  of  pipe,  etc. 

B.  Foundation. 

C.  Lowering  pipe  into  trench. 

D.  Cleaning  and  protecting  pipe. 

E.  Length  of  pieces  admitted. 

F.  Cutting  pipe. 

G.  Adjusting  spigots  uniformly. 
//.  Wet  bell  holes. 

I.  Making  joints: 

(a)  Thickness  of  joints. 
(6)  Depth  of  lead  in  joints. 

(c)  Gasket. 

(d)  Lead. 

(e)  Running  joint. 
(/)   Calking  joint. 

t/.  Straps,  and  bracing  of  ends,  and  bends. 


Outline  for  Laying  Pipe  413 

10.  Setting  specials  and  appurtenances: 

A.  Specials. 

B.  Hydrants: 

(a)   Hydrant  walls. 

(&)  Drainage. 

(c)   Setting  and  bracing. 

C.  Valves. 

D.  Plugs. 

E.  Drinking  fountains. 

F.  Disconnecting  and  reconnecting  old  services. 

11.  Manholes,  hydrant  wells,  valve  boxes,  etc. 

12.  Connection  of  new  work  to  old. 

13.  Omissions. 

14.  Defective  work  and  material. 

15.  Maintenance,  guarantee  and  insurance. 

16.  Tests. 

17.  Measurements. 

18.  Removal  of  old  pipe,  etc. 

19.  Payments. 

§  8.  Outline  Specifications  for  Construction  of  Sewers. 

1.  Extent  of  contract.     Description  of  work  and  material  to  be  furnished 

under  the  contract. 

2.  Approximate  or  exact  quantities  and  kinds  of  work      (Quantities  given 

as  basis  for  comparison.) 

3.  Plans,  profiles  and  drawings. 

4.  Engineering  work,  lines,  grades,  etc. 

5.  Special  work. 

6.  Materials — furnished  by  whom: 

A.  If  furnished  by  city: 

(a)  Where  delivered  to  contractor. 

(b)  Distribution. 

(c)  Delays  in  receipt  of. 

(<Z)  Breakage  and  inspection. 

(e)  Report  of  number,  size  and  breakage. 

(/)  Responsibility. 

B.  If  furnished  by  contractor: 

(a)  Pipe  and  specials. 
(6)  Tile. 

(c)  Brick. 

(d)  Stone. 

(e)  Cement,  mortar  and  concrete. 
(/)   Iron  castings. 

(g)  Lumber, 
(ft)  Piling. 

7.  Excavation  and  trenching: 

Line. 

Preservation  of  line  and  grade  marks. 

Depth. 


414  Appendix  A 

Width. 

Grade. 

Character  of  material. 

Disposal  of  material. 

Removing  improved  street  surfaces. 

Earth. 

Rock. 

Protection  during  blasting. 

Tunneling. 

Extra  excavation. 

Bell  holes. 

Bracing  and  shoring. 

Sheet  piling. 

Foundations,  piling,  etc. 

Protection  of  buildings. 

Draining,  bailing  and  pumping. 

Obstructions. 

Care,  protection  and  repairs  of. 

Gas  pipe. 

Water  pipe. 

Drains. 

Cisterns. 

Reservoirs. 

Streets  and  gutters  . 

Sidewalks. 

Railroads. 

Cross  walks. 

Fences. 

Under  drains. 

Limits  of  amount  of  work  opened. 
Bridging  trench  for  street  and  sidewalk  travel. 
Barriers  and  lights. 

8.  Back  filling. 

Puddling. 

Tamping,  flushing,  etc. 

Replacing  improved  street  surfaces. 

Removing  shoring,  etc. 

Repairing  injuries  to  pipes,  drains,  etc. 

Cleaning  and  flushing  sewers. 

Use  of  city  water  supply. 

9.  Removal  of  surplus  material,  rubbish,  etc. 

Replacing  improper  material. 
Frozen  material. 

10.  Embankment. 

11.  Pipe  sewers. 

Foundation. 

Joints. 

Protecting  and  keeping  sewers  clean. 

Removal  and  rebuilding  defective  work. 


Outline  for  Sewer  415 


12.  Brick  sewers. 

Brick  laying. 

Foundation. 

Forms. 

13.  Brick  masonry. 

14.  Stone  masonry. 

15.  Appurtenances. 

A.  Flush  tanks: 

(a)   Syphon  and  fixtures. 

(ft)   Connecting  with  water  pipe. 

B.  Manholes: 

(a)   Ladders  and  steps. 
(&)  Foundation. 

C.  Catch  basins. 

D.  Outlets. 

E.  Branch  sewers  and  connections. 

F.  Tile  drains. 

G.  Iron  pipe. 

H.  Special  construction  with  specifications  for  material  and  work. 

16.  Inspection: 

A.  Defective  material. 

B.  Removal  and  rebuilding. 

17.  Extra  work. 

18.  Omissions. 

Condemned,  inferior  or  defective  work. 

19.  Maintenance  and  guarantee. 

20.  Tests  and  requirements. 

Measurements  of  quantities. 

21.  ^Acceptance. 


APPENDIX  B 

SAMPLE  CONTRACT  AND  SPECIFICATIONS  FOR 
A  COMPLETE  STRUCTURE 


CONTRACT  AND  SPECIFICATIONS 

FOR  THE  CONSTRUCTION  OF 

A  CONCRETE  RESERVOIR  AND  SUCTION  WELL 
FOR  THE  CITY  OF  MADISON,  WISCONSIN 


CONSULTING  ENGINEERS 
MADISON,  WISCONSIN 


Sample  Contract  and  Specifications  417 


CONTRACT  AND  SPECIFICATIONS  FOR  THE  CONSTRUCTION  OF  A  CON- 
CRETE RESERVOIR  AND  SUCTION  WELL  FOR 
THE  CITY  OF  MADISON,  WISCONSIN. 

•     EXHIBIT  A 


NOTICE  TO  CONTRACTORS 

Sealed  bids  for  furnishing  all  labor  and  material  for  the  construction  of 
a  reinforced  concrete  reservoir  and  a  reinforced  concrete  suction  well  for  the 
improvement  of  the  water  works  system  of  the  city  of  Madison,  Wisconsin, 
will  be  received  at  the  office  of  the  city  clerk  in  the  city  hall  until  two 
o'clock  p.  m.,  Wednesday,  July  12,  191G,  at  which  time  the  bids  will  be 
opened  and  publicly  read,  after  which  the  bids  will  be  considered  and  the 
award  made  as  early  as  practicable. 

A  certified  check  on  a  reputable  National  or  State  Bank:  or  a  bank  draft 
for  five  hundred  dollars  ($500)  made  payable  without  reserve  to  the  treas- 
urer of  the  city  of  Madison,  Wisconsin,  must  accompany  each  bid. 

Instructions  to  bidders  and  blank  forms  of  proposals  may  be  obtained 
and  plans  and  specifications  may  be  seen  at  the  office  of  the  superintendent 

of  the  water  works,  Madison,  Wisconsin,  or  at  the  office  of   , 

State  Street,  Madison,  Wisconsin; 

,  City  Clerk. 


418  Appendix  B 

TABLE  OF  CONTENTS 

PAGE 

Exhibit  A — Notice  to  Contractors   417 

Exhibit  B — General   Conditions  and   Instructions  to   Bidders 420 

Exhibit  C— Form  of  Proposal  422 

General   Contract 424 

Interpretation  of  Phrases 424 

Quantities  and  Measurements  424 

Superintendence  and  Inspection   425 

Right  of  Entry 425 

Changes,  Alterations  and  Extra  Work  425 

Discrepancies  and   Omissions    425 

Estimated    Quantities    426 

Engineer's   Authority    426 

Supervision  and  Direction  of  Work 426 

Lines  and  Grades 426 

Emergencies    426 

Preliminary  Approval   427 

Right  of  Engineer  to  Modify  Methods  and  Equipment 427 

Right  to  Retain  Imperfect  Work  427 

Exhibits    428 

Arbitration .  428 

Prices  and  Payments  429 

Delayed  Payment   429 

Extra   Work    430 

Price  for  Work 430 

Contractor's   Responsibility    430 

Contractor's   Address    430 

Contractor's   Agent    430 

Observance  of  Laws  and  Ordinances 430 

Protection  against  Negligence  and  Damages   431 

Protection  against  Claims  for  Labor  and  Material    431 

Protection  against  Royalties  on  Patented  Inventions 431 

Assignment  and  Subletting   482 

Abandonment    432 

Time  and  Order  of  Completion  432 

Conduct  of  the  Work    432 

Character  of  Workmen    432 

Losses  and  Damages   433 

Protection  of  Finished  or  Partially  Finished  Work   433 

Hindrances  and  Delays  433 

Defects  and  Their  Remedies   433 

Construction    Plant 433 

Police   and   Sanitary    Regulations    433 

Contractors'   Buildings 434 

Bond     434 


Sample  Contract  and  Specifications  419 

Exhibit   D — Specifications    435 

Extent  of  Contract   435 

Estimated   Quantities    436 

Description     436 

Excavation     436 

Concrete   Work    436 

Waterproofing-     439 

Steel  Reinforcing  Rods   440 

Manholes    440 

Gutter    440 

Cast  Iron  Pipe   441 

Sheeting  and  Pumping    441 

Protection  of  Present  Reservoir  442 

Timber    Floor    442 

Price  and  Measurement   442 

Removal  of  Unused  Material    * 444 


420  Appendix  B 

EXHIBIT  B 


GENERAL    CONDITIONS    AND    INSTRUCTIONS    TO    BIDDERS 

1.  Sealed  bids  for  furnishing  all  labor  and  all  materials  for  the  construc- 
tion of  a  reinforced  concrete  reservoir  and  a  reinforced  concrete  suction  well 
for  the  city  of  Madison,  Wisconsin,  endorsed  with  the  name  of  the  bidder  and 
with  the  title  of  the  work  upon  which  the  bid  is  made  will  be  received  at  the 
office  of  the  city  clerk  in  the  city  hall  until  two  o'clock  p.  m.,  Wednesday, 
July  12,  1916,  at  which  time  the  bids  will  be  opened  and  publicly  read,  after 
which  the  bids  will  be  considered  and  the  award  made  as  early  as  practicable. 

2.  The  work  will  include  approximately  the  following  items: 

A.  Reinforced  Concrete  Reservoir 

Excavation     2,500  cu.  yds. 

Concrete    1,430  cu.  yds. 

Reinforcing  Rods   112,950  pounds 

15"  Vitrified  Gutter  Pipe   125  feet 

8"  Vitrified  Sewer  Pipe  40  feet 

Drain  Connections   2  feet 

Ventilating  Manholes  in  Roof 7 

2  Coats  Cement  Wash  46,830  sq.  yds. 

30"  Class  B.  C.  I.  Water  Pipe     12  feet 

20"  Class  B.  C.  I.  Water  Pipe   84  feet 

20"  C.  I.  90°  Elbow 1 

.B.   Reinforced  Concrete  Suction  Well 

Excavation    360  cu.  yds. 

Concrete    95  cu.  yds. 

Reinforcing  Rods   4,416  pounds 

Steel  Manhole  Frame  &  Cover 1 

30"  Class  B.  C.  I.  Water  Pipe  (1  length)    4  feet 

24"  Class  B.  C.  I.  Water  Pipe— 3  lengths,  each 4  feet 

3.  No  proposal  can  be  withdrawn  after  the  time  for  receiving  bids  has  ex- 
pired. 

4.  The  price  must  be  written  in  the  bid  and  also  stated  in  figures.      In  any 
event,  the  prices  must  be  so  distinctly  expressed  that  there  can  be  no  doubt  as 
to  the  meaning  of  the  same.     Illegible  figures  will  invalidate  the  bid. 

5.  Bidders  must  secure  their  information  as  to  local  conditions  of  trade, 
character  of  soil,  probable  amount  of  water,  rock,  etc.,  from  personal  inquiry 
on  the  ground. 

6.  Work  must  be  begun  promptly  after  the  award  of  the  contract  and 
within  such  time  as  stated  by  the  successful  bidder,  and  be  completed  by  the 
time  named  by  said  bidder. 

7.  The  right  is  reserved  to  reject  any  or  all  bids,  to  waive  any  infor- 
mality in  any  bid  received,  to  accept  any  bid  considered  advantageous  to  the 
City  of  Madison,  and  also  to  disregard  any  failing  or  irresponsible  bidder  or 
contractor,  known  as  such. 


Sample  Contract  and  Specifications  421 

8.  Each  bid  for  each  item  must  include  the  performance  of  all  work  and 
all  the  material  in  accordance  with  the  general  contract  and  specifications  for 
the  work  and  material  included  under  the  items  on  which  a  bid  is  submitted. 

9.  Bidders  are  notified  that  the  price  bid  must  include  everything  as  de- 
scribed in  the  specifications  under  each  item.     No  extras  of  any  kind  will  be 
allowed  unless  ordered  in  writing  by  the  consulting  engineers  and  endorsed 
by  the  superintendent  of  the  water  works. 

10.  A  bond  satisfactory  to  the  common  council  of  the  city  of  Madison  in 
the  sum  of  fifty  per  cent.  (50%)  of  the  contract  price  will  be  required  with 
each  contract. 

11.  The  bidder  must,  if  desired,  satisfy  the  mayor  of  his  practical  and 
financial  ability  to  perform  the  work  for  which  he  bids. 

12.  A  certified  check,  on  a  reputable  National  or  State  Bank  or  a  bank 
draft  made  payable  without  reserve  to  the  city  treasurer  of  Madison,  Wiscon- 
sin, for  five  hundred  dollars  ($500),  must  accompany  each  bid.     Such  certi 
fied  check  shall  be  deposited  as  a  guarantee  that  the  bidder,  if  successful,  will 
enter  into  the  contract  and  furnish  a  satisfactory  bond  for  the  construction 
of  the  work,  and  the  furnishing  of  the  material  in  accordance  with  the  plans, 
specifications  and  his  proposal,  within  fourteen  (14)  days  after  notice  to  the 
award  of  said  contract  to  him,  and  if  he  fails  or  refuses  so  to  do,  said  check 
shall  be  forfeited  to  the  city  of  Madison  as  liquidated  damages  for  such  fail- 
ure.    The  check  of  the  successful  bidder  will  be  returned  to  him  upon  his  en- 
tering into  a  contract,  furnishing  a  satisfactory  bond,  and  when  he  shall  have 
actually  performed  at  least  five  hundred  dollars  worth  of  work  under  this 
contract.      Checks  of  unsuccessful  bidders  will  be  returned  when  the  contract 
is  signed  or  when  the  bids  are  rejected. 

13.  All  bids  must  be  self  explanatory.      No  opportunity  will  be  offered  for 
oral  explanation  except  as  the  party  of  the  first  part  desires  more  full  expla- 
nation of  particular  or  peculiar  devices. 

14.  Payment  for  this  work  will  be  made  in  cash,  and  in  accordance  with 
the  contract  and  specifications. 

15.  Plans,  specifications,  form  of  contract,  and  proposal  may  be  seen  at 
the  office  of  the  superintendent  of  the  water  works,  Madison,  Wisconsin,  or  at 
the  office  of  the  undersigned, State  Street,  Madison,  Wisconsin. 

Bidders  are  invited  to  be  present  at  the  opening  of  bids. 

,  Consulting  Engineers. 


422  Appendix  B 


EXHIBIT  C 

FORM  OF  PROPOSAL 


To  the  Mayor  and  City  Council,  Madison,  Wisconsin: 

Gentlemen:      The  undersigned  declare.,    that   ha.,    carefully  ex 

amined  the  plans,  general  form  of  contract,  specifications,  and  the  location  of 
the  work,  and  hereby  agree  to  furnish  all  material  and  do  all  work,  and  com- 
plete in  a  good  and  workmanlike  manner  and  in  accordance  with  the  plans 
and  under  the  condition  named  in  general  form  of  contract  and  the  speci 
fications  therefor,  the  following  work  at  the  prices  named: 

1.  For  doing  all  work  and  furnishing  all  materials  to  construct  the  rein- 
forced concrete  reservoir  in  accordance  with  plans  and  specifications,  but  not 
including  the  hauling  of  the  surplus  material  excavated,  and  not  including 
the  timber  floor  under  the  concrete  floor  of  the  reservoir,  the  lump  sum  of 

dollars  ($ ). 

2.  For  furnishing  all  labor  and  material  to  construct  the  timber  floor 
under  the  concrete  floor  of  the  reservoir,  in  case  it  is  ordered  constructed  by 
the  engineers,  per  thousand  F.  B.  M.  in  place   dollars   ($ ). 

3.  For  additions  or  deductions  in  the  yardage  of  concrete,  per  cubic  yard 
dollars  ($ ). 

4.  For  additions  or  deductions  in  the  reinforcing  rods,  per  pound  

cents   ( c). 

5.  For  additions  or  deductions  in  the  excavation,  per  cubic  yard   

cents    ( c). 

G.  For  furnishing  all  labor  and  material  to  construct  the  reinforced  con 
crete  suction  well  in  accordance  with  the  plans  and  specifications,  not  includ- 
ing the  hauling  of  the  excavated  material  and  not  including  the  construction 

of  a  timber  floor  under  the  concrete  floor,  the  lump  sum  of   dollars 

($ ). 

7.  For  hauling  and  depositing  the  surplus  material  excavated  from  the 
site  to  such  points  as  the  engineers  may  designate,  at  the  following  prices  per 
cubic  yard,  depending  upon  the  length  of  haul: 

Average  Haul  Price  per  cu.  Yard 

Up  to  1320  Feet $ 

1320  to  2640  Feet $ 

2640  to  3960  Feet $ 

3960  to  5280  Feet $ 

8.  For  furnishing  all  labor  and  material  to  construct  the  timber   floor 
under  the  bottom  of  the  suction  well  in  case  it  is  ordered  constructed  by  the 
engineers,  the  lump  sum  of ( $ ) . 

9.  For  all  labor  and  material  to  increase  the  depth  of  the  suction  well 
from  that  shown  on  the  plans  up  to  five  (5)  feet  increase  in  depth,  per  foot  of 
increase  in  depth,  the  lump  sum  of ( $ ) . 

10.  For  all  extra  work  ordered  by  the  consulting  engineers  and  not  in- 
cluded under  any  of  the  above  heads,  cost  plus  per  cent.   ( %). 


Sample  Contract  and  Specifications  423 

further  agree  to  sign  the  contract,  furnish  a  satisfactory  bond  of 

the  amount  required,  and  begin  the  work  within  days  after  receiving 

notice  of  the  award  to ,  and  to  complete  said  work  within months 

after  receiving  notice  of  the  award. 

enclose  herewith  a  certified  check   (or  bank  draft)   for  five  hun- 
dred dollars   ($500)   made  payable  without  reserve  to  the  city  treasurer  of 

Madison,  Wisconsin,  which agree. .  to  forfeit  if  the  contract  is  awarded 

to and fail  to  enter    into  the  same  in  accordance  with  the  pro- 
posed form  of  contract,  and  within  fourteen   (14)   days  after  notice  of  the 

award  to   

Respectfully  submitted, 


Contractor. 
Address: 


424  Appendix  B 


GENERAL  CONTRACT 

FOR 

REINFORCED  CONCRETE  RESERVOIR  AND  SUCTION  WELL 
CONTRACT   EXECUTED   IN    TRIPLICATE 

This  Agreement  made  and  concluded  this   day  of   A.  D., 

,  by  and  between ,  county  of ,  state  of . .,  party  of  the 

first  part,  and of  the  city  of ,  county  of and  state  of , 

party  of  the  second  part. 

Witnesseth:  That  for  and  in  consideration  of  the  payments  and  agree- 
ments hereinafter  mentioned  to  be  made  and  performed  by  said  party  of  the 
first  part,  and  under  the  penalty  expressed  in  a  bond  bearing  even  date  here 
with,  the  said  party  (or  parties)  of  the  second  part  agrees  with  the  said  party 
of  the  first  part,  at  his  (or  their)  own  cost  and  expense,  to  do  all  the  work 
and  furnish  all  material  called  for  by  this  agreement,  in  the  manner  and 
under  the  conditions  hereinafter  specified. 

Interpretation  of  Phrases. — Whenever  the  word  "city"  or  the  expression 
"party  of  the  first  part,"  or  "first  party,"  are  used  in  this  contract  it  shall  be 
understood  as  referring  to  the  city  of  Madison,  Wis.  Whenever  the  word 
"contractor,"  or  the  expression  "party  of  the  second  part,"  or  "second  party" 
are  used  it  shall  be  understood  to  mean  the  person,  persons,  co-partnership  or 
corporation  who  has  agreed  to  perform  the  work  embraced  in  this  contract  or 
to  his  or  their  legal  representatives. 

Whenever  the  word  "engineer"  is  used  in  this  contract  it  shall  be  under- 
stood as  referring  to  the  consulting  engineer  of  the  party  of  the  first  part,  or 
such  other  engineer,  superintendent  or  inspector  as  may  be  authorized  by  said 
first  party  to  act  in  any  particular.  Whenever  the  words  "directed,"  "re- 
quired," "permitted,"  "designated,"  "considered  necessary,"  "prescribed,"  or 
words  of  like  import  are  used,  it  shall  be  understood  that  the  direction,  re- 
quirement, permission,  order,  designation  or  prescription,  etc.,  of  the  engi- 
neer is  intended;  and  similarly,  the  words  approval,  acceptable,  satisfactory, 
or  words  of  like  import  shall  mean  approved  by  or  acceptable  or  satisfactory 
to  the  engineer. 

Whenever  in  the  specifications  or  drawings  accompanying  this  agreement, 
the  terms  or  description  of  various  qualities  relative  to  "finish,"  "workman- 
ship," or  other  qualities  of  similar  kind  which  cannot  from  their  nature  be 
specifically  and  clearly  described  and  specified  but  are  necessarily  described 
in  general  terms  to  be  "satisfactory,"  "first  class,"  "workmanlike,"  or  in  other 
terms  the  fulfillment  for  which  must  depend  on  individual  judgment,  then,  in 
all  such  cases,  any  question  of  the  fulfillment  of  said  specifications  shall  be 
decided  by  the  consulting  engineer,  and  said  work  shall  be  done  in  accordance 
with  his  interpretations  of  the  meaning  of  the  words,  terms  or  clauses  defin- 
ing the  character  of  the  work. 

Quantities  and  Measurements. — No  extra  or  customary  measurements 
of  any  kind  will  be  allowed,  but  the  actual  length,  the  area,  the  solid  con- 
tents, the  number  and  weight  only  shall  be  considered,  unless  otherwise  spe- 
cifically provided. 


Sample  Contract  and  Specifications  425 

Supei  intendence  and  Inspection: — It  is  agreed  by  the  party  of  the  second 
part  that  the  party  of  the  first  part  shall  be,  and  hereby  is  authorized  to  ap- 
point from  time  to  time  such  engineer,  superintendent  or  inspector  as  the  said 
first  party  may  deem  proper,  to  inspect  the  material  to  be  furnished  and  the 
work  to  be  done  under  this  agreement  and  in  accordance  with  the  specifica- 
tions therefor.  The  contractor  shall  furnish  all  reasonable  aid  and  assistance 
required  by  the  engineer,  superintendent  or  inspector  for  the  proper  inspec- 
tion and  examination  of  the  work  and  all  parts  of  the  same.  The  contractor 
shall  regard  and  obey  the  directions  and  instructions  of  any  engineer,  super- 
intendent cr  inspector  so  appointed  when  the  same  are  consistent  with  the 
obligations  of  this  agreement  and  of  the  specifications  attached  hereto,  or  said 
contractor  shall  immediately  appeal  to  the  consulting  engineer  for  his  de- 
cision, and  shall  respect  such  decision  when  so  rendered. 

Right  of  Entry. — The  party  of  the  first  part  reserves  the  right  to  enter 
the  property  or  location  on  which  the  works  herein  contracted  for  are  to  be 
constructed  or  installed  by  such  agent  or  agents  as  it  may  elect  for  the  pur- 
pose of  constructing  or  installing  such  collateral  works  as  said  first  party  may 
desire.  Such  collateral  works  will  be  constructed  or  installed  with  as  little 
hindrance  or  interference  as  possible  with  the  party  of  the  second  part.  The 
irarty  of  the  second  part  hereby  agrees  not  to  interfere  with  or  prevent  the 
performance  of  such  collateral  work  by  the  agent  or  agents  of  the  party  of  the 
first  part,  or  to  claim  any  extra  compensation  or  damages  by  delays  or  hin- 
drances which  may  be  caused  by  the  construction  or  installation  of  such  col- 
lateral work. 

Changes,  Alterations  and  Extra  Work. — The  said  party  of  the  second  part 
further  agrees  that  the  said  first  party  may  make  such  alterations  as  said 
party  may  see  fit  in  the  line,  grade,  form,  dimensions,  plan  or  material  of  the 
work  herein  contemplated,  or  any  part  thereof,  either  before  or  after  the  be- 
ginning of  the  construction. 

If  such  alterations  diminish  the  quanity  of  the  work  to  be  done,  they 
shall  not  constitute  a  claim  for  damages  or  anticipated  profits  on  the  work 
that  may  be  dispensed  with.  If  they  increase  the  amount  of  work,  such  in- 
crease shall  be  paid  for  according  to  the  quantity  actually  done,  and  at  the 
prices  established  for  such  work  under  this  contract;  provided,  however,  that 
if  said  first  party  shall  make  such  changes  or  alterations  as  shall  make  useless 
any  work  already  done  or  material  already  furnished  or  used  in  said  work, 
that  said  first  party  shall  recompense  said  party  of  the  second  part  for  any 
material  or  labor  so  used  and  for  any  actual  loss  occasioned  by  such  change 
due  to  actual  expenses  incurred  in  preparation  for  the  work  as  originally 
planned. 

No  work  shall  be  regarded  as  extra  work  unless  it  is  ordered  in  writing 
by  the  engineer  and  endorsed  by  superintendent  of  water  works,  and  with  the 
agreed  price  for  the  same  specified  in  said  order,  provided  said  price  is  not 
otherwise  determined  by  this  contract.  *A11  claims  for  extra  work  shall  be 
made  to  said  first  party  before  said  extra  work  is  started  and  a  statement  of 
the  cost  of  the  same  shall  be  made  within  sixty  (60)  days  after  the  comple- 
tion of  said  extra  work. 

Discrepancies  and  Omissions. — It  is  further  agreed  that  it  is  the  intent 
of  this  contract  that  all  work  must  be  done  and  all  material  must  be  furnished 
in  accordance  with  the  best  practice,  and  in  the  event  of  any  discrepancies 


426  Appendix  B 

between  the  plans  and  specifications,  or  otherwise,  or  in  the  event  of  any 
doubt  as  to  the  meaning  of  any  portion  of  the  contract,  specifications  or  plans, 
the  engineer  shall  define  which  is  intended  to  apply  to  the  work,  and  the  con- 
tractor shall  be  bound  by  such  decision. 

Any  work  or  material  not  herein  specified  but  which  may  be  fairly  im- 
plied as  included  in  the  contract,  of  which  the  engineer  shall  be  the  judge, 
shall  be  done  or  furnished  by  the  contractor  without  extra  charge. 

Estimated  Quantities. — This  agreement,  including  the  specifications, 
plans  and  estimate,  is  intended  to  show  clearly  all  work  to  be  done  and  ma 
terial  to  be  furnished  hereunder.  The  estimated  quantities  of  the  various 
classes  of  work  to  be  done  and  material  to  be  furnished  under  this  contract 
are  approximate  and  are  to  be  used  only  as  a  basis  for  estimating  the  prob- 
able cost  of  the  work  and  for  comparing  the  proposals  offered  for  the  work. 
It  is  understood  and  agreed  that  the  actual  amount  of  work  to  be  done  and 
materials  to  be  furnished  under  this  contract  may  differ  somewhat  from  these 
estimates,  and  that  the  basis  for  payment  under  this  contract  shall  be  the 
actual  amount  of  such  work  done  and  the  material  furnished. 

The  contractor  agrees  that  he  will  make  no  claim  for  damages,  antici- 
pated profits  or  otherwise  on  account  of  any  differences  which  may  be  found 
between  the  quantities  of  work  actually  done,  the  material  actually  furnishei 
under  this  contract  and  the  estimated  quantities  contained  in  this  agreement. 

Engineer's  Authority:  Supervision  and  Direction  of  Work. — It  is  mu- 
tually agreed  between  the  parties  to  this  contract  that  the  engineer  shall  su- 
pervise and  direct  all  work  included  herein.  To  prevent  disputes  and  to  dis- 
courage litigation,  it  is  further  agreed  by  and  between  the  parties  to  this  con- 
tract that  if  it  cannot  be  otherwise  agreed,  the  engineer  shall  in  all  cases  de- 
termine the  amount  of  the  quantities  of  the  several  kinds  of  work  which  is  to 
be  paid  for  under  this  contract,  and  he  shall  determine  all  questions  in  rela- 
tion to  said  work  and  the  construction  thereof,  and  he  shall  in  all  cases  de 
cide  every  question  which  may  arise  relative  to  the  execution  of  this  contract 
on  the  part  of  said  contractor,  and  his  estimate  and  findings  shall  be  the  con 
ditions  precedent  to  the  right  of  the  parties  hereto  to  arbitration  or  to  any 
action  on  the  contract  and  to  any  rights  of  the  contractor  to  receive  any 
money  under  this  contract.  The  engineer  shall  within  a  reasonable  time 
render  a  decision  on  all  claims  of  the  parties  hereto  and  on  all  questions  which 
may  arise  relative  to  the  execution  of  the  work  or  interpretation  of  the 
contract,  specifications  and  plans. 

Lines  and  Grades. — All  lines  and  grades  shall  be  furnished  by  the  en- 
gineer but  the  contractor  shall  provide  stakes  and  such  ordinary  labor  as  may 
reasonably  be  required  by  the  engineer  to  assist  him  in  such  work.  When 
ever  necessary,  work  shall  be  suspended  to  permit  of  this  work,  but  such  sus- 
pension will  be  as  brief  as  practicable  and  the  contractor  shall  be  allowed  no 
extra  compensation  therefor.  The  contractor  shall  give  the  engineer  ample 
notice  of  the  time  and  place  where  the  lines  and  grades  will  be  needed.  All 
stakes,  marks,  etc.,  shall  be  carefully  preserved  by  the  contractor  and  in  case 
of  their  destruction  or  removal  by  him  or  his  employees,  such  stakes,  marks, 
etc.,  shall  be  replaced  by  the  engineer  at  the  contractor's  expense. 

Emergencies. — Whenever  in  the  opinion  of  the  engineer  the  contractor 
has  not  taken  sufficient  precautions  for  the  safety  of  the  public  or  the  protec- 
tion of  the  work  to  be  constructed  under  this  contract,  or  of  adjacent  struc- 


Sample  Contract  and  Specifications  427 

tures  or  property  which  may  be  injured  by  processes  of  construction  on  ac- 
count of  such  neglect,  and  whenever  in  the  opinion  of  said  engineer  an  emer- 
gency shall  arise  and  immediate  action  shall  be  considered  necessary  in  order 
to  protect  public  or  private,  personal  or  property  interests,  and  the  contractor 
shall  fail  to  provide  immediately  the  necessary  protection  after  notice  by 
said  engineer  or  without  such  notice  when  the  emergency  makes  such  a  course 
necessary,  the  said  engineer  may  provide  suitable  protection  to  said  Interests 
by  causing  such  work  to  be  done  and  material  to  be  furnished  and  placed  as 
shall  furnish  such  protection  as  said  engineer  may  consider  necessary  and 
adequate. 

The  cost  and  expense  of  such  work  and  material  so  furnished  shall  be 
borne  by  said  contractor,  and  if  the  same  shall  not  be  paid  on  presentation  of 
the  bills  therefor,  then  said  costs  shall  be  deducted  from  any  accounts  due  or 
which  may  become  due  said  contractor. 

The  failure  of  the  engineer  to  order  the  performance  of  said  emergency 
work  shall  in  no  way  relieve  the  contractor  from  any  damages  that  may  re- 
sult by  the  omission  of  said  emergency  work  or  protection. 

Preliminary  Approval. — No  engineer,  superintendent  or  inspector  shall 
have  any  power  to  waive  the  obligations  of  this  contract  for  the  furnishing  by 
the  contractor  of  good  material  and  of  his  performing  good  work  as  herein  de- 
scribed, and  in  full  accordance  with  the  plans  and  specifications.  No  failure 
or  omission  of  any  engineer,  superintendent  or  inspector  to  condemn  any  de- 
fective work  or  material  shall  release  the  contractor  from  the  obligations  to 
at  once  tear  out,  remove  and  properly  replace  the  same  at  any  time  upon  the 
discovery  of  said  defective  work  or  material. 

Right  of  Engineer  to  Modify  Methods  and  Equipment. — If  at  any  time  the 
methods  or  equipment  used  by  the  contractor  are  found  to  be  unsafe  or  in- 
adequate for  securing  the  safety  of  the  workmen  or  other  persons  who  may 
be  endangered  thereby,  or  to  secure  the  quality  of  work  or  the  rate  of  prog 
ress  required  under  this  contract,  the  engineer  may  order  the  contractor  to 
increase  their  safety  or  improve  their  character  and  efficiency,  and  the  con- 
tractor shall  comply  with  such  order. 

If  at  any  time  the  working  force  of  the  contractor  is  inadequate  for  se 
curing  the.  progress  herein  specified  the  contractor  shall,  if  so  ordered,  in 
crease  his  force  or  equipment,  or  both,  to  such  an  extent  as  to  give  reasonable 
assurance  of  compliance  with  the  schedule  of  progress. 

The  failure  of  the  engineer  to  make  such  demands  shall  not  relieve  the 
contractor  of  his  obligations  to  secure  the  safety  of  his  men,  the  quality  of 
the  work,  and  the  rate  of  progress  required  by  his  contract. 

Right  to  Retain  Imperfect  Work.— If  any  part  or  portion  of  the  work  done 
or  material  furnished  under  this  contract  shall  prove  defective  and  not  in 
accordance  with  the  plans  and  specifications,  and  if  the  imperfections  in  the 
same  shall  not  be  of  sufficient  magnitude  or  importance  to  warrant  removal, 
or  if  the  removal  of  such  work  shall  create  conditions  which  are  dangerous  or 
undesirable,  the  engineer  shall  have  the  right  and  authority  to  retain  such 
work,  but  shall  make  such  deductions  in  the  final  payment  therefor  as  may 
be  just  and  reasonable. 


428  Appendix  B 

Exhibits. — All  work  shall  be  done  and  all  materials  furnished  in  strict 
conformity  with  the  appended  Advertisement,  marked  "Exhibit  A,"  Instruc- 
tions to  Bidders,  marked  "Exhibit  B,"  Proposal,  marked  "Exhibit  C,"  Speci- 
fications, marked  "Exhibit  D,"  and •  • 


all  of  which  are  hereto  attached  and  are  hereby  made  a  part  of  this  contract. 

Arbitration. — The  engineer  shall,  within  a  reasonable  time,  decide  all 
questions  or  claims  of  either  party  to  this  contract  and  all  matters  relating 
to  the  execution  and  progress  of  the  work  or  the  interpretation  of  the  plans, 
specifications  and  contract. 

It  is  further  agreed  that  in  case  the  engineer  renders  any  decision  or  gives 
any  direction  which  in  the  opinion  of  either  party  hereto  is  not  in  accord- 
ance with  the  meaning  and  intent  of  this  contract,  either  party  may  file  with 
said  engineer  his  written  objection  to  the  decision  or  directions  so  rendered 
and  by  such  action  may  reverse  the  right  to  submit  the  question  so  raised  to 
arbitration  as  hereinafter  provided.  There  shall  nevertheless  be  no  delay  in 
the  execution  of  the  work:,  and  the  decision  or  directions  of  the  engineer  so 
rendered  shall  be  promptly  carried  out,  and  any  claims  arising  therefrom 
shall  be  thereafter  adjusted  by  arbitration, 

It  is  further  agreed  by  both  parties  hereto  that  all  questions  subject  to 
arbitration  or  adjustment  shall  be  raised  and  filed  with  the  engineer  prior  to 
the  execution  of  the  directions  of  the  engineer  and  that  all  questions  of  differ- 
ence must  be  raised  prior  to  the  final  payment  on  the  contract,  and  that  both 
parties  shall  lose  all  right  to  raise  further  objection  to  the  engineer's  decisions 
after  the  final  payment  has  been  made. 

The  general  procedure  shall  conform  to  the  laws  of  the  state  if  necessary, 
and  the  decision  of  the  arbiter  may  be  filed  in  court  to  carry  it  into  effect. 

If  the  engineer  fails  to  make  a  decision  within  a  reasonable  time,  an  ap- 
peal to  arbitration  may  be  taken,  as  if  his  decision  had  been  rendered  against 
the  party  appealing.  In  such  cases  and  in  case  of  an  appeal  from  the  engi- 
neer's decision,  the  demand  for  arbitration  shall  be  filed  with  him  in  writing 
within  ten  (10)  days  thereafter;  and  in  no  case  later  than  the  time  of  final 
payment. 

The  parties  may  agree  upon  one  arbiter,  otherwise  there  shall  .be  three ; 
one  named  in  writing  by  each  party,  and  the  third  chosen  by  the  two  arbiters 
so  selected;  or  if  the  arbiters  fail  to  elect  a  third  within  ten  days,  he  shall 
be  chosen  by  the  presiding  official  of  the  Bar  Association  of  Dane  county. 
Should  the  party  demanding  arbitration  fail  to  name  an  arbiter  within  ten 
days  of  the  demand,  his  right  to  arbitrate  shall  lapse,  and  the  decision  of  the 
engineer  shall  be  final  and  binding  upon  him.  Should  the  other  party  fail  to 
choose  an  arbiter  within  ten  days,  the  engineer  shall  appoint  such  arbiter. 
Should  either  party  refuse  or  neglect  to  supply  the  arbiter  with  any  papers 
or  information  demanded  in  writing,  the  arbiters  are  empowered  by  both  par- 
ties to  take  ex  parte  proceedings. 

The  arbiters  shall  act  with  promptness.  The  decision  of  any  two  shall 
be  binding  on  both  parties  to  the  contract.  The  decision  of  the  arbiters  upon 
any  question  subject  to  arbitration  under  this  contract  shall  be  a  condition 
precedent  to  any  right  of  legal  action. 


Sample  Contract  and  Specifications  429 

The  arbiters,  if  they  deem  the  case  demands  it,  are  authorized  to  award 
the  party  whose  contention  is  sustained,  such  sums  as  they  deem  proper  for 
the  time,  expense  and  trouble  incident  to  the  appeal  and  if  the  appeal  was 
taken  without  reasonable  cause,  damages  for  any  delay  occasioned.  The  ar- 
biters shall  fix  their  own  compensation,  unless  otherwise  provided  by  agree 
ment,  and  shall  assess  the  cost  and  charges  of  the  arbitration  upon  either  or 
both  parties.  The  award  of  the  arbiters  must  be  made  in  writing,  and  if  in 
writing  shall  not  be  open  to  objection  on  account  of  the  form  of  the  proceed- 
ings or  award. 

Prices  and  Payments.  Estimates  and  Payments. — In  order  to  enable  the 
contractor  to  prosecute  the  work  to  advantage  an  estimate  in  writing  will 
be  made  by  the  engineer  once  a  month  of  the  amount  of  work  done  and  ma- 
terial furnished  (and  material  delivered  on  the  ground  and  to  be  used  in  the 
completed  work),  and  of  the  value  thereof  according  to  the  terms  of  the  con- 
tract. The  first  estimate  shall  be  of  the  amount  or  quantity  in  value  of  the 
work  done  since  the  party  of  the  second  part  commenced  the  performance  of 
this  contract,  and  every  subsequent  estimate  except  the  final  one  shall  be  the 
amount  or  quantity  and  value  of  work  done  since  the  last  preceding  estimate 
was  made.  No  such  estimate  or  amount  or  quantity  shall  be  required  to  be 
made  by  strict  measurements  or  with  exactness  but  may  be  approximate  only. 

Upon  the  approval  of  said  estimate  by  the  consulting  engineer,  the  party 
of  the  first  part  will  pay  to  the  party  of  the  second  part  85  per  cent  of  such 
estimated  value,  and  whenever  said  contract  shall  be  duly  completed,  in  ac- 
cordance with  the  terms  herein  contained,  and  when  said  work  and  material 
shall  be  accepted  by  the  consulting  engineer,  for  said  party  of  the  first  part, 
a  careful  and  detailed  estimate  shall  be  made  of  the  value  of  all  work  and  ma- 
terial furnished  under  said  contract,  and  the  amount  due  on  said  work  shall 
be  paid  to  said  party  of  the  second  part  provided  however  that  it  is  not  con- 
sidered necessary  by  said  first  party  to  retain  a  certain  proportion  of  same  as 
elsewhere  provided  for  protection  against  claims  for  labor  and  material,  for 
damages,  for  royalties  or  otherwise,  and  excepting  also  any  amount  retained 
as  guarantee  for  the  maintenance  of  the  work  or  material  furnished  under 
this  contract  or  for  forfeiture 

Delayed  Payment. — In  case  any  payment  to  the  contractor  on  any  esti- 
mate is  delayed  by  the  party  of  the  first  part  beyond  the  time  provided 
herein,  said  first  party  shall  pay  the  contractor  interest  on  the  amount  due  at 
the  rate  of  five  (5)  per  cent,  per  annum  for  the  period  of  such  delay.  The 
term  for  which  said  interest  shall  be  paid  shall,  in  the  case  of  progress  esti- 
mates, date  from  the  10th  day  after  the  date  of  said  estimate,  to  the  date  of 
payment  of  the  estimate, — and  in  case  of  the  final  estimate  from  thirty  days 
after  the  filing  of  the  certificate  of  completion  and  acceptance  to  the  date  of 
final  payment  of  the  final  estimate. 

If  interest  shall  become  due  on  any  progress  estimate,  the  amount  there- 
of shall  be  added  to  the  succeeding  estimate;  and  if  interest  shall  become  due 
on  the  final  estimate,  it  shall  be  added  to  such  final  estimate  and  paid  there- 
with. The  contractor  shall  not  be  entitled  to  interest  on  any  sum  or  sums 
which  by  the  terms  of  this  contract  the  party  of  the  first  part  may  be  author- 
ized to  retain.  It  is  hereby  agreed  that  such  interest  payments,  if  any,  are  to 
be  in  lieu  of  any  claims  of  the  contractor  for  alleged  damages  for  breach 
of  contract  or  otherwise  on  account  of  delayed  payments. 


430  Appendix  B 

Extra  Work. — If  during  the  performance  of  this  contract  the  engineer 
shall  order  in  writing  other  work  done  or  materials  furnished  which  in  his 
opinion  cannot  be  classified  under  the  unit  prices  of  this  contract,  the  con- 
tractor shall  do  and  perform  such  work  and  furnish  such  material  and  shall 

be  paid  therefor  the  actual  cost  plus    per  cent  in  addition  thereto. 

The  actual  cost  is  hereby  defined  to  include  the  cost  of  all  labor  and  materials 
necessary  for  the  performance  of  the  extra  work,  including  any  extra  expenses 
incurred  directly  on  account  thereof,  also  the  wages  of  foremen  and  the  ex- 
penses attached  to  contractor's  liability  insurance  covering  the  labor  so  em- 
ployed. 

No  allowance  shall  be  made  for  overhead  charges,  general  superintend- 
ence, general  expenses,  contingencies,  or  use  and  depreciation  of  the  construc- 
tion plant;  neither  shall  said  charges  include  the  maintenance  of  the  con- 
tractor's camp  or  office,  unless  such  camp  or  office  be  maintained  primarily  on 
account  of  such  extra  work. 

Price  for  Work. — In  consideration  of  the  furnishing  of  the  material  and 
the  completion  of  all  work  by  the  said  party  of  the  second  part,  and  on  the 
completion  of  all  work  and  of  the  delivery  of  all  material  embraced  in  this 
contract  in  full  conformity  with  the  specifications  and  stipulations  herein 
contained,  the  party  of  the  first  part  agrees  to  pay  the  said  second  party  the 
prices  set  forth  in  the  proposal  hereto  attached,  marked  "Exhibit  C"  which  is 
hereby  made  a  part  of  this  contract.  And  the  said  party  of  the  second  part 
hereby  agrees  to  receive  such  prices  in  full  for  furnishing  all  material  and  all 
labor  required  for  the  aforesaid  work,  also  for  all  expenses  incurred  by  him 
and  for  well  and  truly  performing  the  same  and  the  whole  thereof  in  the  man- 
ner and  according  to  the  specifications  and  requirements  of  the  engineer. 

Contractor's  Responsibility. — Personal  attention  of  the  contractor.  The 
contractor  shall  give  personal  attention  to  the  faithful  prosecution  and  com- 
pletion of  this  work  and  shall  be  present  either  in  person  or  by  duly  authorized 
representative  on  the  site  of  the  work  continually  during  its  progress.  He 
shall  maintain  an  office  on  or  adjacent  to  the  site  of  the  work. 

Contractor's  Address. — Both  the  address  given  in  the  proposal  upon  which 
this  contract  is  based  and  the  contractor's  office  on  or  near  the  site  of  the  work 
are  hereby  designated  as  places  to  either  of  which  notices,  letters  or  communi- 
cations to  the  contractor  may  be  mailed  or  delivered.  The  delivery  at  either 
of  the  above  named  places  of  any  such  notices,  letters  or  other  communications 
for  the  party  of  the  first  part  to  the  contractor  shall  be  deemed  sufficient  serv- 
ices thereof  upon  the  contractor,  and  date  of  said  services  shall  be  the  date  of 
such  delivery. 

Contractor's  Agent. — The  contractor  during  his  absence  from  the  work 
shall  keep  a  competent  superintendent  or  foreman  upon  the  work,  fully  au- 
thorized to  act  for  him  in  his  absence,  and  to  receive  such  orders  as  may  be 
given  for  the  proper  continuance  of  the  work.  Notice  of  any  imperfections  in 
the  work  or  material  furnished  to  any  foreman  or  agent  in  charge  of  any  por- 
tion of  the  same,  in  the  absence  of  the  contractor,  shall  be  considered  as  no 
tice  to  the  contractor. 

Observance  of  Laws  and  Ordinances. — The  party  of  the  second  part  shall 
be  subject  to  all  laws  and  ordinances  of  the  city  of  Madison  of  Dane  county, 
Wisconsin,  within  which  this  agreement  is  to  be  fulfilled,  and  said  contractor 
shall  be  entitled  to  no  exemption  therefrom  on  account  of  this  contract. 


Sample  Contract  and  Specifications  431 

Protection  Against  Negligence  and  Damages. — Should  any  work  be  done 
or  material  furnished  or  placed  on  public  streets  or  ways  or  in  any  other  place 
where  protection  is  necessary,  the  contractor  shall  at  all  times  and  especially 
during  the  night,  put  up  and  maintain  such  barriers  and  red  lights  and  take 
such  other  needful  precautions  as  may  be  necessary  to  prevent  effectually  the 
occurrence  of  any  accidents  in  consequence  of  the  work  being  done  or  ma- 
terial being  deposited  in  such  places,  and  the  contractor  shall  be  liable  for 
all  damages  occasioned  in  this  way  by  reason  of  his  act  or  neglect  or  that  of 
any  subcontractor  or  any  agent,  employee  or  workman;  and  the  said  con- 
tractor shall  save  and  keep  harmless  the  said  first  party  from  all  suits  or  de- 
mands for  damages  alleged  to  have  occurred  to  persons  or  property  by  reason 
of  said  work  or  of  so  placing  said  material  or  from  said  act  or  negligence. 

The  said  party  of  the  second  part  further  agrees  during  the  performance 
of  the  work  to  take  all  necessary  precautions  and  to  place  proper  guards  for 
the  prevention  of  accidents  and  put  up  at  night  suitable  and  sufficient  light, 
and  will  indemnify  and  save  harmless  the  said  parties  of  the  first  part  from 
all  damages  and  costs  to  which  they  may  be  put  by  reason  of  injury  to  persons 
or  property,  resulting  from  negligence  or  carelessness  in  the  performance  of 
the  work  in  guarding  the  same,  or  from  any  improper  material  used  in  its 
construction  or  by  or  on  account  of  act  or  omission  of  the  said  party  of  the 
second  part  or  his  agents  or  employees;  and  the  said  party  of  the  second  part 
hereby  further  agrees  that  the  whole  or  so  much  of  the  money  due  under  or 
by  virtue  of  the  agreement'  as  shall  be  considered  necessary  by  the  consulting 
engineer  shall  or  may  be  retained  by  the  party  of  the  first  part  until  all  suits 
or  claims  for  damages,  as  aforesaid,  have  been  settled  and  satisfactory  evi- 
dence to  that  effect  furnished  the  said  consulting  engineer. 

The  said  contractor  shall  take  proper  means  to  protect  the  adjacent  or 
adjoining  property  or  properties  in  any  way  encountered  or  which  might  bs 
injured  by  any  process  of  construction,  to  be  undertaken  under  this  agree- 
ment, and  he  shall  be  liable  for  any  claims  for  damages  on  account  of  his 
failure  to  fully  protect  all  property  injured  during  or  on  account  of  such 
construction. 

Protection  Against  Claims  for  Labor  and  Material. — The  said  party  of  the 
second  part  agrees  that  he  will  indemnify  and  save  harmless  the  party  of  the 
first  part  from  all  claims  against  said  first  party  for  material  furnished  or 
work  done  under  this  contract,  and  it  is  further  agreed  by  the  party  of  the 
second  part  that  said  second  party  shall  if  so  desired  furnish  the  said  first 
party  satisfactory  evidence  that  all  persons  who  have  done  work  or  furnished 
material  under  this  agreement  have  been  duly  paid  for  such  work  or  ma- 
terial, and  in  case  such  evidence  is  demanded  by  and  not  furnished  to  the 
aforesaid  first  party,  such  amount  as  may  in  the  opinion  of  the  said  first  party 
be  necessary  to  meet  the  claims  of  the  persons  aforementioned,  may  be  re- 
tained from  the  money  due  said  party  of  the  second  part  under  this  agreement, 
until  satisfactory  evidence  is  furnished  that  all  liabilities  have  been  fully  dis- 
charged. 

Protection  Against  Royalties  or  Patented  Inventions.— The  contractor 
shall  protect  and  save  harmless  the  party  of  the  first  part  from  all  and  every 
demand  for  damages,  royalties  or  fees  on  any  patented  invention  used  by  him 
in  connection  with  work  done  or  material  furnished  under  this  contract 


432  Appendix  B 

unless  the  article  of  invention  is  clearly  and  specifically  required  by  this  con- 
tract; and  it  shall  be  the  duty  of  the  contractor,  if  so  demanded  by  the 
party  of  the  first  part,  to  furnish  said  first  party  with  a  proper  legal  release 
or  indemnity  from  and  against  all  such  claims,  and  any  or  all  payments  may 
be  withheld  from  said  contractor  until  said  release  is  furnished  if  the  party  of 
the  first  part  so  elects. 

If  any  patented  material,  machinery,  appliance  or  invention  is  clearly 
specified  in  this  contract,  then  and  in  that  event  the  cost  of  procuring  the 
rights  of  use  and  the  legal  release  or  indemnity  shall  be  borne  and  paid  by  the 
party  of  the  first  part. 

Assignment  and  Subletting. — The  said  contractor  further  agrees  that  he 
will  give  his  personal  attention  to  the  fulfillment  of  the  agreement  and  that 
he  will  not. sublet  the  aforesaid  work  or  the  furnishing  of  the  aforesaid  ma- 
terial but  will  keep  the  same  under  his  personal  control,  and  that  he  will  not 
assign  by  power  of  attorney  or  otherwise  any  portion  of  said  contract  unless 
by  and  with  the  previous  consent  of  the  first  party. 

Abandonment. — In  case  the  contractor  shall  abandon  the  work  and  fail  or 
refuse  to  commence  it  again  within  ten  (10)  days  after  notification  from  the 
first  party,  or  if  he  shall  fail  to  comply  with  the  orders  of  the  engineer  or  with 
this  agreement  or  with  the  specifications  hereto  attached,  then  and  in  that 
case  the  sureties  on  the  bond  shall  be  notified  and  directed  to  complete  the 
same.  In  case  the  sureties  fail  to  comply  with  the  notice,  the  first  party  may, 
within  ten  (10)  days  after  serving  such  notice,  carry  on  the  work  at  the  ex- 
pense of  the  contractor  and  the  sureties. 

Time  and  Order  of  Completion. — It  is  the  meaning  and  intent  of  this  con- 
tract, unless  otherwise  hereafter  specifically  provided,  that  the  contractor 
shall  be  allowed  to  prosecute  his  work  at  such  times  and  seasons,  in  such  or- 
der of  precedence,  and  in  such  manner  as  shall  be  most  conducive  to  economy 
of  construction,  provided,  however,  that  the  order  and  the  time  of  prosecution 
shall  be  such  that  the  work  shall  be  completed  as  a  whole  and  in  part  in  full 
accordance  with  the  specifications  and  within  the  time  of  completion  here- 
after designated;  provided  also  that  when  the  first  party  is  having  other  work 
done,  either  by  contract  or  by  its  own  force,  the  engineer  may  direct  the  time 
and  manner  of  constructing  the  work  done  under  this  contract,  so  that  con- 
flict will  be  avoided  and  the  various  works  being  done  for  the  party  of  the 
first  part  shall  be  harmonized.  The  engineer  will  arrange  for  all  such  work 
so  as  to  avoid  as  far  as  practicable  all  unnecessary  inconvenience  and  expense 
to  all  parties  concerned. 

The  party  of  the  second  part  further  agrees  that  he  will  commence  the 

work  within days  after  the  execution  of  this  contract  and  will  progress 

therewith  so  that  by  the  day  of 19. .,  the  work  shall  be  com- 
pleted in  accordance  with  this  agreement. 

Conduct  of  the  Work.  Keeping  the  Plans  and  Specifications  Accessible. — 
The  contractor  shall  be  furnished  with  two  copies  of  all  plans,  profiles  and 
specifications  and  shall  keep  one  copy  of  the  same  constantly  accessible  on  the 
work. 

Character  of  Workmen. — The  said  party  of  the  second  part  agrees  to  em- 
ploy only  orderly,  competent  and  skillful  men  to  do  the  work;  and  that  when- 
ever the  engineer  shall  inform  him  in  writing  that  any  man  or  men  on  the 


Sample  Contract  and  Specifications  433 

work  are  in  his  opinion  incompetent,  unfaithful  or  disorderly,  such  man  or 
men  shall  be  discharged  from  the  work  and  shall  not  again  be  employed  on 
the  same  without  the  engineer's  written  consent. 

Losses  and  Damages. — All  loss  or  damage  arising  out  of  the  nature  of  the 
work  to  be  done  or  from  the  action  of  the  elements  or  from  any  unforseen  cir- 
cumstances in  the  prosecution  of  the  same,  or  from  any  unusual  obstructions  or 
difficulties  which  may  be  encountered  in  the  prosecution  of  the  work  shall  be 
sustained  and  borne  by  the  contractor  at  his  own  cost  and  expense. 

Protection  of  Finished  or  Partially  Finished  Worfc. — The  contractor  shall 
take  all  necessary  precautions  to  protect  all  work  done  or  material  furnished 
under  this  agreement  from  injury  by  action  of  the  elements  or  by  the  process 
of  construction;  he  shall  also  take  proper  means  to  protect  adjacent  or  adjoin- 
ing property  in  any  way  encountered  or  which  might  be  injured  by  the  process 
of  construction  to  be  taken  under  this  agreement. 

The  contracter  shall  properly  guard  and  protect  all  finished  or  partially 
finished  work,  and  shall  be  responsible  for  the  same  until  the  entire  contract 
is  completed  and  accepted  by  the  engineers.  Estimate  of  partial  payment  on 
work  so  completed  shall  not  release  the  said  contractor  from  such  responsi- 
bility but  he  shall  turn  over  the  entire  work  in  full  accordance  with  this  con- 
tract before  final  payment  shall  be  made. 

Hindrances  and  Delays. — No  charge  shall  be  made  by  the  contractor  for 
hindrances  or  delays  from  any  cause  (except  where  the  work  is  stopped  by 
order  of  the  party  of  the  first  part)  during  the  progress  of  any  portion  of  the 
work  embraced  in  this  contract;  but  such  delays  may  entitle  him  to  an  ex- 
tension of  time,  allowed  for  completing  the  work,  sufficient  to  compensate  for 
the  detention,  the  amount  of  the  detention  to  be  determined  by  the  engineer, 
provided  the  contractor  shall  give  the  engineer  immediate  notice  in  writing 
of  the  cause  of  such  detention.  In  case  said  work  shall  be  stopped  by  the  act 
of  the  party  of  the  first  part,  then  such  expense  as  in  the  judgment  of  the  en- 
gineer is  caused  by  such  stopping  of  said  work,  other  than  the  actual  cost  of 
carrying  on  the  contract,  shall  be  paid  by  the  party  of  the  first  part  to  the 
party  of  the  second  part. 

Defects  and  Their  Remedies. — It  is  further  agreed  that  if  the  work  or  any 
part  thereof,  or  any  material  brought  on  the  ground  for  the  use  in  the  work  or 
selected  for  the  same,  shall  be  deemed  by  the  engineer  as  unsuitable  or  not  in 
conformity  with  the  specifications,  the  contractor  shall  forthwith  remove 
such  material  and  rebuild  or  otherwise  remedy  such  work  so  that  it  shall  be 
in  full  accordaance  with  this  contract. 

Construction  Plant. — The  contractor  shall  provide  all  labor,  tools,  ma- 
chinery and  material  necessary  in  the  prosecution  and  completion  of  this  con- 
tract where  it  is  not  otherwise  specifically  provided  that  the  party  of  the  first 
part  shall  furnish  the  same,  and  it  is  also  understood  that  the  party  of  the 
first  part  shall  not  be  held  responsible  for  the  care  or  protection  of  any  ma- 
terial, tools  or  machinery  or  any  part  of  the  work  until  it  is  finally  completed 
and  accepted. 

Police  and  Sanitary  Regulations.  Sanitation. — Necessary  sanitation  con 
veniences  for  the  use  of  laborers  on  the  work,  properly  secluded  from  public 
observation,  shall  be  constructed  and  maintained  by  the  contractor  in  such 
manner  and  at  such  points  as  shall  be  approved  by  the  engineer,  and  their  use 
shall  be  strictly  enforced. 


434  Appendix  B 

Contractor's  Buildings. — The  building  structures  for  tools  and  material 
or  other  forms  of  protection  will  be  permitted  only  at  such  places  as  the  en- 
gineer shall  direct,  and  the  sanitary  condition  of  the  grounds  in  or  about  such 
structure  shall  at  all  times  be  maintained  in  a  manner  satisfactory  to  the  en- 
gineer. 

Bond. — It  is  further  agreed  by  the  parties  to  this  contract  that  this  con 
tract  shall  be  executed  in  triplicate,  one  copy  being  retained  by  the  party  of 
the  first  part,  one  to  be  delivered  to  the  contractor,  and  one  to  the  consulting 
engineer.  The  party  of  the  second  part  agrees  to  execute  a  bond  for  the  sum 

of dollars  ( $ )  for  the  satisfactory  performance  of  the  work  in 

the  form  provided  for  this  purpose,  and  it  is  agreed  that  this  contract  shall  be 
void  until  such  bond  is  furnished  and  approved  by  common  council  of  Madison. 
IN  WITNESS  WHEREOF  the  parties  to  these  presents  have  hereunto  set  their 
hands  and  seals  the  year  and  day  first  above  given. 

(seal). 

(seal). 

(seal). 

(seal). 


Sample  Contract  and  Specifications  435 


EXHIBIT  D 

SPECIFICATIONS  FOR 

THE    CONSTRUCTION    OF    A    CONCRETE    RESERVOIR    AND    SUCTION 
WELL  FOR  THE  CITY  OF  MADISON,  WISCONSIN 

1.  Extent  of  Contract. — These  specifications  include  the  furnishing  of  all 
labor  and  material,  except  where  otherwise  specifically  stated,  necessary  to 
construct  and  complete  the  reinforced  concrete  reservoir  and  reinforced  con- 
crete suction  well,  all  to  the  forms  and  dimensions  shown  on  the  plans  for 
said  work  accompanying  these  specifications  and  numbered  A — 2273,  A — 2274, 
A — 2282  and  A — 2275,  which  plans  are  hereby  made  a  part  hereof.  This 
work  shall  include: 

a.  The  furnishing  of  all  labor,  tools  and  material  necessary  to  excavate 
and  properly  prepare  the  foundations  for  the  structures,  properly  backfilling 
around  the  structures  and  disposing  of  excess  excavated  material  in  accord- 
ance with  the  plans  and  specifications. 

b.  The  furnishing  of  all  labor,  material  and  equipment  for  mixing  and 
placing  all  concrete  in  the  floor,  walls,  columns  and  roof  as  hereinafter  speci- 
fied. 

c  The  furnishing  and  placing  of  all  steel  bars  for  reinforcing  the  con- 
crete as  shown  on  the  plans  and  according  to  these  specifications. 

d.  The  furnishing  and  placing  of  manholes  and  covers  as  shown  on  the 
plans. 

e.  The  furnishing  and  placing  of  vitrified  gutter  and  connection  of  same 
with  the  storm  water  sewer  as  shown  on  the  plans. 

/.  The  furnishing  of  all  labor,  tools  and  construction  equipment  necessary 
to  do  all  the  work  included  in  these  specifications. 

g.  The  city  of  Madison  will  furnish  all  water  required  for  mixing  and 
placing  the  concrete  and  all  water  required  in  any  or  all  boilers  used  by  the 
contractor  in  prosecuting  the  work  included  under  these  specifications  at  a 
price  of  six  cents  (6c)  per  hundred  cubic  feet  to  the  contractor  at  a  city  hy- 
drant or  city  tap  nearest  to  the  location  selected  by  the  contractor  for  his. 
mixing  plant.  The  water  will  be  that  of  the  city  water  system  and  will  be 
supplied  at  the  pressure  ordinarily  prevailing  at  this  hydrant  or  tap  under 
the  usual  operating  conditions.  The  city  will  furnish  free  of  cost  to  the  con- 
tractor not  more  than  two  (2)  meters  for  measuring  the  water  and  the  con- 
tractor shall  be  held  responsible  for  all  damages  that  may  occur  to  said 
meters  while  used  on  this  work. 

The  contractor  shall  at  his  own  cost  and  expense  furnish  the  necessary 
reducers,  valves  and  pipes  required  to  regulate  and  convey  the  water  from 
the  hydrant  or  tap  to  the  points  where  the  water  will  be  used.  All  pipes  used 
in  conveying  water  from  the  hydrant  shall  be  so  placed  as  not  to  interfere 
with  traffic  on  public  thoroughfares  across  which  said  pipe  may  be  carried. 

The  contractor  shall  be  held  responsible  for  any  damage  to  the  hydrant 
or  tap  caused  by  his  laborers  or  agents  during  the  time  said  connection  is 
made  with  the  hydrant  or  tap.  The  method  of  connecting  to  the  hydrant  shall 


436  Appendix  B 

be  subject  to  the  approval  of  the  superintendent  of  the  water  works  of  the 
city  of  Madison,  and  in  such  manner  as  not  to  interfere  with  the  connection  of 
a  fire  hose  to  at  least  one  nozzle  of  said  hydrant. 

The  contractor  shall  provide  a  suitable  storage  room  wherein  to  house  a 
sufficient  quantity  of  cement  to  prosecute  the  construction  in  a  good  and 
workmanlike  manner.  Said  storage  room  shall  be  constructed  so  that  the 
cement  will  be  kept  dry  and  free  from  danger  of  injury  in  any  way. 

2.  Estimated  Quantities. — The  following  are  the  estimated  quantities  of 
work  and  material  included  in  this  contract: 

RESERVOIR 

Excavation    2,500    cu.  yds. 

Concrete — reinforced   1,430    cu.  yds. 

Steel  Reinforcing  Bars  and  Ladder 112,950    pounds 

Manholes  24  in.  C.  I -7 

Wall  Flange  30  in.  Pipe  1 

Wall  Flange  20  in.  Pipe  1 

30  in.  Pipe 12  lin.  feet 

20  in.  Pipe   84  lin.  feet 

20  in.  Pipe  Elbow 1 

Vitrified  Pipe  Gutter 125  lin.  feet 

Vitrified  Pipe  (8  in.  Connection  to  Sewer)  40  lin.  feet 

2  Coats  Cement  Wash  inside  46,830  sq.  yards 

SUCTION  WELL 

Excavation    360  cu.  yds. 

Concrete — Reinforced 95  cu.  yds. 

Steel  Reinforcing  Bars  4,416  pounds 

24  in.  Pipe — Flanged — 4  ft.  lengths 3  lengths 

30  in.  Pipe — 4  ft.  length,  flanged  on  one  end,  bell  on 

one  end   1  length 

Manhole,  Structural  steel  built  up 1 

3.  Description. —  (aj    Reservoir: — This   structure   is   to   be   used   for   the 
storage  reservoir  for  the  water  supply  of  the  city  of  Madison,  Wisconsin,  and 
is  to  be  located  adjacent  to  the  present  reservoir  on  East  Dayton  street  be- 
tween Blair  and  Blount  streets,  facing  East  Dayton  street,  covering  portions 

of  lots  12,  13  and  14  of  block  120,  according  to  the  plat  of  this  locality. 

(b)  Suction  Well. — This  structure  is  to  be  used  for  the  suction  of  new  and 
additional  high  service  pumping  machinery  and  is  to  be  located  on  the  block 
now  occupied  by  the  water  works  pumping  station  between  the  station  build- 
ing and  Gorham  street. 

4.  Excavation. — The  excavation  for  all  structures  and  foundations  shall 
be  carried  to  the  grades  indicated  on  the  plans  and  to  lines  not  more  than 
two  (2)  feet  from  the  neat  exterior  lines  of  the  structure. 

All  material  excavated,  except  such  as  is  needed  for  backfilling,  shall  re- 
main the  property  of  the  city  and  shall  be  hauled  and  deposited  at  such  points 
as  may  be  designated  by  the  engineers  at  the  price  named  in  the  proposal. 

5.  Concrete  Worfc.— (a)    The  concrete  shall  consist  of  one    (1)   part  of 
Portland  cement,  two  (2)  parts  of  fine  aggregate,  and  four  (4)  parts  of  coarse 
aggregate.      The  proportions  of  the  aggregate  shall  be  based  on  the  volumetric 


Sample  Contract  and  Specifications  437 

measurements  in  the  following  manner.  One  (1)  bag  of  cement,  approxi- 
mately ninety-five  (95)  pounds  shall  be  considered  as  constituting  one  (1) 
cubic  foot  of  cement.  The  volume  of  coarse  and  fine  aggregate  shall  be 
measured  by  shoveling  into  a  box  or  bin  without  ramming  or  compacting. 

(b)  Cement. — All  cement  used  in  the  work  heretofore  described  shall  be 
of  the  best  quality  of  American  Portland  cement.      It  shall  be  finely  ground, 
thoroughly  burned  and  sufficiently  slow  setting  to  permit  of  working  into 
mortar  and  using  on  the  work  before  setting  shall  begin. 

Storage. — All  cement  shall  be  furnished  in  well  made  bags  or  barrels  bear- 
ing the  name,  brand,  or  stamp  of  the  manufacturer,  and  shall  be  stored  in  a 
storage  room  or  warehouse  to  be  provided  by  the  contractor,  and  which  will 
fully  protect  the  cement  from  the  weather.  Said  warehouse  shall  be  provided 
with  a  floor  so  that  the  cement  will  be  kept  from  contact  with  the  ground. 

Delivery. — All  cement  used  in  the  work  shall  be  delivered  at  the  store- 
house at  least  seven  (7)  days  before  it  shall  be  used  so  that  sufficient  time 
will  be  available  for  its  examination  and  testing. 

Cement  which  becomes  injured  in  storage  and  all  rejected  cement  must 
be  removed  within  three  (3)  days  after  notice  to  the  contractor  of  its  rejec- 
tion. 

Tests. — (All  cement  used  in  the  work  shall  be  subject  to  the  latest  standard 
of  tests  as  prescribed  and  adopted  by  the  American  Society  of  Civil  Engineers. 
Any  cement  failing  to  pass  any  of  the  requirements  above  specified  may  be 
rejected. 

(c)  Aggregates. — Before  delivery  at  the  work,  the  contractor  shall  sub- 
mit to  the  engineers  a  fifty  pound  (50  Ib.)  sample  of  each  kind  of  aggregate 
proposed  to  be  used.      These  samples  will  be  tested  and  if  found  to  pass  the 
requirements  of  the  specifications  shall  be  considered  as  acceptable  for  the 
work. 

Fine  Aggregate. — Fine  aggregate  shall  consist  of  natural  sand,  or  screen- 
ings from  hard,  tough  durable  crushed  rock  or  gravel,  consisting  of  quartzite 
grains,  or  other  equally  hard  material  graded  from  fine  to  coarse  with  the 
coarse  particles  predominating.  Fine  aggregate,  when  dry,  shall  pass  a 
screen  having  four  (4)  meshes  per  linear  inch;  not  more  than  twenty-five  (25) 
per  cent  shall  pass  a  sieve  having  fifty  (50)  meshes  per  linear  inch,  and  not 
more  than  five  (5)  per  cent,  shall  pass  a  sieve  having  one  hundred  (100) 
meshes  per  linear  inch.  Fine  aggregate  shall  not  contain  vegetable  or  other 
deleterious  matter,  nor  more  than  three  (3)  per  cent,  of  clay  or  loam. 

Fine  aggregate  shall  be  of  such  quality  that  mortar  composed  of  one  (1) 
part  of  Portland  cement,  and  three  (3)  parts  of  fine  aggregate,  by  weight,  when 
made  into  briquettes,  shall  show  a  tensile  strength  at  seven  (7)  and  twenty- 
eight  (28)  days  at  least  equal  to  the  strength  of  briquettes  composed  of  one  (1) 
part  of  the  same  cement  and  three  (3)  parts  Standard  Ottawa  sand  by  weight. 
The  percentage  of  water  used  in  making  the  briquettes  of  cement  and-fine  ag- 
gregate shall  be  such  as  to  produce  a  mortar  of  the  same  consistency  as  that 
of  the  Ottawa  sand  briquettes  of  standard  consistency.  In  other  respects  all 
briquettes  shall  be  made  in  accordance  with  the  report  of  committee  on  uni- 
form tests  of  cement  of  the  American  Society  of  Civil  Engineers. 

Coarse  aggregate. — Coarse  aggregate  shall  consist  of  clean  durable 
crushed  rock  or  gravel  graded  in  size,  free  from  vegetable  or  other  deleterious 
matter  and  shall  contain  no  flat  or  elongated  particles.  The  size  of  the  coarse 


438  Appendix  B 

aggregate  shall  be  such  as  will  pass  a  one  (1)  inch  round  opening  and  shall 
range  from  one  (1)  inch  down,  not  more  than  five  per  cent.  (5%)  passing  a 
screen  having  four  (4)  meshes  per  linear  inch. 

(d)  Mixing   Concrete. — The  materials   composing  the   concrete   shall  be 
thoroughly  mixed  in  a  concrete  <lbatch"  mixer  of  an  approved  design  and  mix- 
ing shall  continue  at  least  one  minute  after  all  the  materials  are  in  the  drum. 
In  any  event,  mixing  shall  continue  until  the  various  ingredients  have  been 
thoroughly  and  evenly  mixed  and  the  mixture  shall  have  a  uniform  color. 
The  drum  shall  be  completely  emptied  before  the  following  batch  is  added. 

Retempering  of  mortar  or  concrete  which  has  partially  hardened  shall  not 
be  permitted. 

The  materials  shall  be  mixed  with  sufficient  water  to  produce  a  concrete 
which  when  deposited  will  settle  to  a  flattened  mass,  but  shall  not  be  so  wet 
as  to  cause  a  separation  of  the  mortar  from  the  coarse  aggregate  in  handling 
and  depositing. 

All  concrete  mixed  shall  be  subject  to  the  inspection  and  approval  of  the 
engineers  or  inspectors. 

(e)  Placing  Concrete. — All  concrete  shall  be  conveyed  from  the  mixer 
and  placed  in  such  a  manner  as  to  reduce  so  far  as  practicable  the  separation 
of  the  ingredients  composing  the  concrete.      Suitable  bulkheads  or  bondboxes 
shall  be  constructed  wherever  necessary.      All  work  shall  be  laid  out  and  car 
ried  out  on  lines  to  insure  the  g'reatest  strength  in  the  structure.     Due  con- 
sideration shall  be  given  to  points  at  which  a  day's  run  shall  be  stopped,  and 
such  points  shall  be  subject  to  the  approval  of  the  engineers  or  inspector. 

The  concrete,  except  as  specifically  ordered,  shall  be  sufficiently  wet  to 
flow  readily  and  shall  be  cut  down  around  the  steel  rods  and  next  the  forms 
with  cutting  spades  and  bars  of  proper  size  and  design  for  such  purpose.  Ex- 
treme care  must  be  taken  to  see  that  the  concrete  is  spaded  sufficiently  to 
bring  the  mortar  out  to  the  forms  and  produce  a  smooth  wall  surface,  and  at 
the  same  time  increase  the  water  tightness  of  the  wall. 

The  concrete  in  beams,  roof  slabs  and  walls  shall  be  laid  out  in  such  sec- 
tions as  shall  result  in  the  greatest  strength  and  the  most  satisfactory  work, 
and  shall  be  subject  to  the  approval  of  the  engineers. 

When  concrete  is  to  be  laid  against  a  surface  of  concrete  which  is  already 
set,  said  surface  shall  be  carefully  and  thoroughly  cleaned  and  washed  and 
then  carefully  and  completely  covered  with  a  coating  of  neat  cement  and  wa- 
ter, laid  on  evenly  with  a  broom  or  brush.  Said  coating  of  neat  cement  shall 
be  added  just  before  the  new  concrete  is  placed. 

Noticeable  voids  or  pockets  discovered  in  the  concrete  when  the  forms 
are  removed  shall  be  immediately  filled  with  mortar  mixed  in  proportions  of 
one  (1)  part  of  Portland  cement  to  two  (2)  parts  of  sand. 

Any  cement,  mortar  or  concrete,  wholly  or  partially  set  before  being 
placed,  shall  be  removed  and  shall  not  be  used  in  any  portion  of  the  work. 

No  concrete  shall  be  placed  in  freezing  weather  or  during  such  times  when 
the  temperature  will  reach  as  low  as  32°  F.  during  the  night,  unless  specifically 
permitted  by  the  engineers.  In  case  permission  is  given  to  place  concrete 
during  the  cold  weather  precautions  must  be  taken  to  house  and  protect  the 
concrete  being  placed  from  freezing.  Fires  or  steam  heating  shall  be  used 
in  that  case  to  keep  the  newly  placed  concrete  from  being  affected  by  the  frost. 


Sample  Contract  and  Specifications  439 

The  aggregate  and  water  shall  be  heated  sufficiently  so  that  when  the  concrete 
is  poured  into  the  forms  or  deposited  in  place  it  shall  be  at  a  temperature  not 
lower  than  40°  F.  All  concrete  work  permitted  during  freezing  weather  shall 
be  in  accordance  with  the  directions  and  to  the  full  satisfaction  of  the  en- 
gineers. 

(f)  Forms: — All  necessary  forms  and  false  work  required  shall  be  pro- 
vided and  erected  by  the  contractor  at  his  own  cost  and  expense,  and  shall  be 
of  suitable  design  and  strength  to  shape  the  walls,  beams  and  other  parts  of 
the  work  in  the  manner  shown  in  the  drawings.       All  forms  shall  be  well 
braced  and  strengthened  and  shall  be  carefully  matched  or  surfaced  in  order 
to  prevent  leakage  of  mortar.      It  is  particularly  important  that  the  forms  be 
absolutely  tight  to  prevent  the  leakage  of  mortar  as  the  loss  of  mortar  will 
decrease  the  water  tightness  of  the  work. 

All  forms  shall  be  built  true  to  line  and  grade  and  shall  be  sufficiently 
braced  to  preserve  said  line  and  grade  while  the  concrete  is  being  placed  and 
until  such  time  as  the  concrete  has  completely  set.  In  case  any  form  should 
give  way  and  produce  irregular  shapes,  or  leak  and  produce  a  faulty  structure, 
said  work  shall  be  remedied  by  the  removal  of  the  irregular  or  faulty  portion. 
The  forms  shall  be  built  from  lumber  smoothly  dressed  on  the  side  next  the 
concrete,  and  shall  be  constructed  so  that  the  resulting  structure  shall  present 
a  smooth,  even  and  workmanlike  appearance. 

All  forms  shall  be  left  in  place  until  the  concrete  has  attained  sufficient 
strength  to  resist  accidental  injury  and  permanent  stresses  that  may  come 
upon  it. 

Forms  shall  be  carefully  and  thoroughly  cleaned  before  being  used  again, 
and  shall  not  be  used  again  when  warped  or  injured,  without  satisfactory  re 
pairs. 

(g)  Top  Finish  of  Concrete, — The  top  of  the  roof  and  the  floors  shall  be 
brought  to  the  lines  and  grades  indicated  on  the  plans  and  due  care  must  be 
taken  with  the  roof  not  to  permit  any  hollows  or  low  spots  in  which  the  water 
may  collect  and  stand.      The  roof  shall  slope  uniformly  from  the  center  to  the 
sides  as  shown  on  the  drawings. 

The  surface  of  the  roof  and  the  floors  shall  be  brought  to  the  proper  ele- 
vation and  then  carefully  rodded  and  screeded  off  to  a  uniform  surface,  after 
which  the  surface  shall  be  smoothed  down  with  a  float.  The  finished  con- 
crete shall  be  smooth  and  have  an  even  surface.  It  is  not  intended  to  add  a 
layer  of  mortar,  but  it  is  intended  to  float  the  concrete  mixture  sufficiently  to 
bring  the  mortar  to  the  surface. 

(h)  Protection  of  Finished  Concrete. — All  concrete  floors  and  roofs  shall 
be  protected  from  accidental  injury.  All  freshly  poured  concrete  shall  be 
protected  from  the  heat  of  the  sun  by  the  use  of  canvas,  paper  or  sand,  and 
shall  be  thoroughly  wet  down  every  twelve  (12)  hours  for  at  least  forty-eight 
(48)  hours  after  the  concrete  has  been  poured. 

All  concrete  work  shall  become  sufficiently  hard  to  prevent  injury  by 
workmen  before  walking  or  passing  over  it  is  permitted. 

6.  Water  Proofing. — It  is  intended  to  water  proof  the  side  walls  of  the 
reservoir  from  the  floor  up  to  elevation  16.5,  city  datum,  and  the  side  walls 
of  the  suction  well  from  elevation  8  to  elevation  16.5,  city  datum,  with  hydrated 
lime.  The  hydrated  lime  shall  be  added  to  the  cement  at  the  time  the  cement 


440  Appendix  B 


is  placed  in  the  mixer.  The  hydrated  lime  shall  be  of  an  approved  brand  and 
shall  pass  the  Standard  Specifications  for  Hydrated  Lime  of  the  American  So 
ciety  for  Testing  Materials. 

The  hydrated  lime  shall  be  added  in  the  proportions  of  one  (1)  part  of 
hydrated  lime  to  ten  (10)  parts  of  Portland  cement.  The  proportions  above 
given  shall  be  by  volumetric  measurement  made  by  shoveling  into  a  suitable 
box  without  packing  and  care  shall  be  taken  to  see  that  the  above  mentioned 
proportions  are  used  in  every  batch. 

After  the  forms  have  been  removed  the  inside  face  of  the  reservoir  walls 
and  the  inside  face  of  the  suction  well  walls  shall  be  given  two  (2)  coats  of 
neat  cement  wash.  The  cement  shall  be  mixed  with  only  sufficient  water  to 
make  a  mixture  that  can  be  applied  with  a  brush.  The  cement  wash  shall  be 
evenly  and  thoroughly  applied  so  as  to  fill  the  pores  of  the  concrete  and  in- 
crease the  water  tightness  of  the  walls.  The  second  coat  shall  be  applied  after 
the  first  coat  has  thoroughly  dried. 

7.  Steel  Reinforcing  Rods. — There  shall  be  built  into  the  concrete  at  the 
points  shown  on  the  drawings,  and  as  directed  by  the  engineers,  round  steel 
rods  of  the  dimensions  indicated.      The  steel  for  these  rods  shall  have  an  ul- 
timate strength  of  from  55,000  to  63,000  pounds  per  square  inch  and  shall  te 
of  the  quality  "known  as  medium  steel.      The  rods  shall  be  commercial  round 
steel  rods,  free  from  oil,  dirt  or  loose  rust,  and  shall  be  equal  to  the  best  of 
their  class  on  the  market.     All  rods  shall  be  held  to  their  proper  position  by 
clips  and  wires  fastened  to  the  forms.      The  engineer  may  increase  or  decrease 
the  amount  of  steel  reinforcement  as  in  his  judgment  seems  necessary.    Addi- 
tions or  deductions  in  the  price  paid  shall  be  made  for  such  additions  or  de- 
ductions in  the  amount  of  reinforcement  in  accordance  with  the  prices  stated 
therefor  in  the  proposal. 

The  contractor  may,  if  he  desires,  submit  a  bid  upon  twisted  or-  other  de- 
formed bars  of  medium  quality  of  steel  and  of  equivalent  cross  section..  Dae 
consideration  will  be  given  said  bid  in  lieu  of  the  plain  round  rods  as  hereto- 
fore specified. 

When  a  continuous  line  of  reinforcement  is  desired  the  rods  shall  be 
lapped  not  less  than  forty-five  (45)  diameters  for  plain  rods  and  thirty  five 
(35)  diameters  for  deformed  bars,  and  shall  be  securely  wired  or  otherwise 
fastened  together  in  a  manner  approved  by  the  engineers. 

8.  Manholes. — Seven    (7)    standard  cast  iron  manholes  and  covers  shall 
be  furnished  and  placed  by  the  contractor  at  the  points  indicated  on  the  draw- 
ings, or  as  directed  by  the  engineer.      The  manholes  shall  each  have  an  open- 
ing approximately  twenty-four  inches  (24")  in  diameter,  and  the  covers  shall 
be  perforated  for  the  admission  of  air  for  ventilating  purposes.       The  cover 
shall  be  sufficiently  strong  to  sustain  a  concentrated  load  of  300  pounds  at  the 
center. 

The  contractor  shall  furnish  and  place  the  manhole  frame  and  cover  for 
the  suction  well  as  indicated  on  the  drawings. 

9.  Gutter. — A  gutter  constructed  of  fifteen  (15)  inch  vitrified  gutter  pipe 
shall  be  constructed  along  one  side  of  the  reservoir  and  for  part  of  the  length 
of  the  other  side  as  indicated  on  the  drawings. 

The  gutter  shall  be  laid  to  the  line  and  grade  to  be  given  by  the  engineers. 
The  joints  shall  be  laid  with  mortar  mixed  in  the  proportions  of  one  (1)  part 
Portland  cement  to  two  (2)  parts  of  sand  of  the  quality  hereinbefore  men- 


Sample  Contract  and  Specifications  441 

tioned.  A  small  strip  of  concrete  shall  be  placed  on  both  sides  of  the  gutter  as 
indicated  on  the  plans,  and  said  concrete  shall  be  mixed  in  the  proportion  of 
one  (1  part  of  Portland  cement  to  two  and  one-half  (2%)  parts  of  sand  to 
five  (5)  parts  of  stone  or  gravel. 

The  gutters  shall  be  connected  to  the  storm  water  sewer  by  eight  inch  (8") 
vitrified  sewer  pipe,  as  indicated  on  the  plans.  A  suitable  cast  iron  connec- 
tion shall  be  provided  to  connect  the  gutter  to  the  eight  inch  (8")  sewer  pipe 
and  said  connections  shall  be  provided  with  suitable  grating  with  a  net  water 
way  equal  to  sixty  (60)  square  inches. 

10.  Cast  Iron  Pipe. — The  contractor  shall  furnish  and  place  one  (1)  twelve 
foot  length  of  class  B  thirty-inch  (30")  cast  iron  water  pipe.      Said  pipe  shall 
be  supplied  with  a  suitable  collar  or  flange  at  least  twelve  inches  (12")  larger 
in  diameter  than  the  outside  diameter  of  the  pipe.      Said  collar  shall  be  either 
cast  as  a  part  of  the  pipe  or  shall  be  so  constructed  that  a  lead  joint  may  be 
poured  and  calked  between  the  outside  of  the  pipe  and  the  inside  face  of  the 
collar. 

The  length  of  pipe  shall  be  carefully  aligned  and  placed  to  the  proper 
grade  and  when  so  placed  shall  be  held  rigidly  in  place  during  the  time  the 
concrete  is  being  poured. 

The  contractor  shall  furnish  and  place  seven  (7)  lengths  of  Class  B 
twenty  inch  (20")  cast  iron  water  pipe.  One  (1)  length  shall  be  furnished 
with  a  suitable  collar  of  the  type  above  mentioned.  The  pipe  shall  be  laid  on 
top  of  the  reservoir  floor  and  at  the  end  it  shall  have  a  ninety  degree  (90°) 
bend,  placed  with  the  outlet  turned  up.  All  joints  are  to  be  filled  with  lead 
and  thoroughly  calked  so  as  to  produce  a  tight  joint. 

^.The  pipe,  after  being  properly  aligned  and  placed,  shall  be  anchored  to 
the  floor  of  the  reservoir  by  means  of  three  (3)  concrete  (blocks  eighteen 
inches  (18")  wide,  four  feet  (  4'  )  long  and  fifteen  inches  (15")  high. 

The  contractor  shall  also  furnish  and  place  one  (1)  length  of  Class  B. 
thirty-inch  (30")  cast  iron  water  pipe  four  feet  (  4'  )  long  with  a  standard 
flange  faced  and  drilled  A.  S.  M.  B.  on  one  end  with  a  standard  bell  or  hub  on 
the  other  end. 

The  contractor  shall  furnish  and  place)  three  (3)  lengths  of  Class  B 
twenty-four  inch  (24")  cast  iron  pipe  four  feet  (  4'  )  long  with  standard 
twenty-four  inch  (24")  cast  iron  pipe  four  feet  (  4")  long  with  standard 
flanges,  faced  and  drilled  A.  S.  M.  E.  on  both  ends. 

The  three  (3)  lengths  of  twenty-four  inch  (24")  and  the  one  (1)  length 
of  thirty  inch  (30")  pipe  above  mentioned  are  to  be  furnished  with  suitable 
collars  as  previously  described,  and  the  contractor  shall  place  them  to  the 
line  and  grade  indicated  on  the  drawings  and  as  outlined  by  the  engineers. 
Due  care  must  be  taken  to  see  that  the  axis  of  the  pipe  is  truly  horizontal  and 
remains  so  until  the  concrete  is  poured  and  has  thoroughly  set. 

Before  leaving  the  job,  the  contractor  shall  cover  the  ends  of  the  pipes 
projecting  outside  the  concrete  structures  by  means  of  board  covers  securely 
fastened  to  the  pipes  to  prevent  sand  entering  the  pipes. 

11.  Sheeting  and  Pumping. — The  contractor  shall  provide  all  labor  and 
materials  necessary  to  properly  sheet  around  the  proposed  work  so  as  to  ex- 
cavate to  the  depth  and  lines  indicated  on  the  plans.      Said  sheeting  shall  be 
carried  to  such  depth  as  to  prevent  the  sand  or  other  materials  from  coming 
into  the  portion  excavated. 


442  Appendix  B 

The  contractor,  at  his  own  cost  and  expense,  shall  provide  all  necessary 
pumps  to  properly  unwater  the  site  and  keep  same  free  of  water  during  such 
time  as  the  work  is  under  construction.  The  contractor  shall  provide  all 
labor  and  materials  to  keep  the  site  unwatered  during  the  course  of  construe 
tion  and  shall  provide  all  necessary  bulkheads,  drains,  etc.,  to  prevent  running 
water  from  coming  in  contact  with  newly  placed  concrete,  or  concrete  being 
placed.  No  concrete  shall  be  placed  in  water  if  there  is  the  least  possible 
chance  of  the  materials  being  separated.  Under  no  circumstances  shall 
the  contractor  place  any  concrete  in  water  without  the  express  permission  of 
the  engineers. 

12.  Protection  of  Present  Reservoir. — The  concrete  in  the  present  reser- 
voir is  of  rather  poor  quality  and  it  is  uncertain  whether  the  side  walls  will 
be  self-sustaining  with  the  earthen  embankment  removed  from  the  wall  on 
the  northeast  side.      The  contractor  will  be  required,  at  his  own  cost  and  ex- 
pense, to  take  such  necessary  precautions  to  brace  the  above  mentioned  wall 
sufficiently  to  withstand  the  pressure  of  the  water  when  the  reservoir  is  filled 
to  elevation  9.5,  city  datum.       Such  bracing  may  consist  of  a  heavy  wale 
placed  against  the  wall  at  an  elevation  of  9.5  with  heavy  shores  placed  about 
sixteen  feet  (  16'  )   apart.       Said  shores  shall  be  thoroughly  braced  and  an- 
chored at  the  foot  to  resist,  the  thrust  resulting  from  the  water  pressure.      In 
any  event,  the  contractor  will  be  required  to  furnish  sufficient  bracing  of  suit- 
able kind  to  reinforce  the  present  wall  so  that  the  old  reservoir  may  be  uti- 
lized and  kept  filled  with  water  up  to  elevation  9.5. 

13.  Timber  Floor. — In  case  the  character  of  the  ground  in  the  bottom  of 
the  excavation  for  either  or  both  the  reservoir  and  the  suction  well  is  so  soft 
and  yielding  that  it  will  be  impossible  to  secure  a  good  job  of  concrete  work 
for  the  floors,  of  which  the  engineers  shall  be  the  judge,  then  in  that  case  a 
timber  floor  shall  be  constructed  by  the  contractor  over  the  entire  area  or 
areas.      The  contractor  shall  in  that  case  provide  all  labor  and  materials  nee 
essary  to  construct  said  floor  or  floors. 

The  floor  shall  consist  of  one  (1)  thickness  of  one  inch  (1")  hemlock 
matched  lumber  securely  nailed  to  hemlock  stringers  two  inches  (2")  by  four 
inches  (4")  and  spaced  not  more  than  four  feet  (  4'  )  apart.  The  hemlock 
lumber  shall  be  of  such  nature  that  a  tight  floor  will  result. 

The  stringers  are  to  be  embedded  in  the  earth  and  the  ground  leveled 
off  to  the  top  of  said  stringers.  The  tops  of  said  stringers  are  to  be  placed 
one  inch  (1")  below  the  bottom  of  the  concrete  floor.  Care  must  be  taken  to 
see  that  the  ground  is  carefully  graded  off  to  the  top  of  the  stringers  so  that 
the  timber  floor  will  have  a  uniform  bearing. 

Second  hand  lumber  may  be  used  in  the  construction  of  said  floor  pro- 
vided the  lumber  is  of  such  quality  as  will  make  a  tight  floor. 

14.  Price  and  Measurement.       (a)   Reservoir. — The  lump  sum  price  bid 
for  the  construction  of  the  concrete  reservoir  shall  include  the  cost  of  all 
labor  and  materials  to  properly  excavate  the  site  to  the  lines  and  grades  shown 
on  the  drawings;  said  excavation  work  shall  consist  of  loading  the  material 
into  wagons  or  other  means  of  conveyance  but  shall  not  include  the  cost  of 
handling  and  depositing  same.       The  lump  sum  bid  shall  include  all  labor, 
tools  and  materials  necessary  to  sheet  around  the  site  of  such  portions  as  may 


Sample  Contract  and  Specifications  443 

require  sheeting,  and  shall  include  the  cost  of  all  pumps,  pumping  machinery, 
labor  and  materials  required  to  properly  unwater  and  keep  the  site  free  from 
water. 

Said  lump  sum  shall  include  the  cost  of  all  labor,  tools,  plant  machinery, 
forms  and  all  materials  necessary  to  make  and  deposit  in  place  the  concrete 
specified  and  to  furnish  and  add  the  water  proofing  materials  and  shall  in- 
clude the  cost  of  all  labor  and  materials  required  to  add  the  wash  coat  of  neat 
cement. 

Said  lump  sum  shall  also  include  the  cost  of  all  labor  and  materials  nec- 
essary to  furnish  and  place  all  reinforcing  rods,  the  iron  ladder,  the  cast  iron 
manholes,  the  cast  iron  water  pipe,  the  vitrified  gutter  pipe  and  the  sewer  pipe 
and  connections  to  the  storm  water  sewer. 

Said  lump  sum  shall  also  include  all  necessary  bracing  of  every  kind  nec- 
essary to  properly  reinforce  the  northeast  wall  of  the  existing  reservoir  dur- 
ing such  time  as  the  new  reservoir  is  being  built. 

It  is  intended  that  the  lump  sum  bid  shall  cover  the  entire  cost  of  the 
completed  structure  except  for  the  item  of  hauling  and  depositing  the  ma- 
terials excavated  and  the  cost  of  the  timber  floor. 

(b)  Suction  Well. — The  lump  sum  bid  by  the  contractor  for  the  suction 
well  shall  include  the  cost  of  all  labor,  tools,  plant,  machinery  and  materials 
necessary  to  properly  sheet  around  the  proposed  pit,  excavate  the  material 
and  load  same  on  a  wagon  or  other  means  of  conveyance,  unwater  and  keep  the 
site  free  of  water,  make  and  deposit  all  the  concrete  and  reinforcing  steel,  and 
provide  and  add  the  water-proofing  material  and  apply  the  cement  wash  coats. 

Said  lump  sum  shall  also  include  the  cost  of  furnishing  and  placing  the 
cast  iron  pipe  and  collars  hereinbefore  mentioned  and  the  steel  manhole 
frame  and  cover  and  the  necessary  ladder,  all  as  shown  on  the  accompanying 
drawings. 

It  is  intended  that  the  lump  sum  bid  shall  include  the  cost  of  the  com- 
pleted suction  well  in  accordance  with  the  plans  and  specifications,  with  the 
exception  of  hauling  the  material  excavated  and  constructing  the  timber  floor. 

(c)  Hauling  and  Depositing  Excavated  Material. — All  material  excavated 
and  not  required  for  back  filling  shall  be  and  remain  the  property  of  the  city 
and  shall  be  hauled  and  deposited  at  the  site  or  sites  selected  by  the  city  and 
as  specified  by  the  engineer.   All  material  hauled  shall  be  at  the  price  named 
by  the  contractor  and  such  price  shall  cover  the  entire  cost  of  hauling  and  de- 
positing the  material  at  said  site  or  sites. 

(d)  Timber  Floor. — The  price  bid  by  the  contractor  for  the  timber  floors 
shall  include  the  cost  of  all  labor  and  materials  necessary  to  construct  the 
timber  floors  in  case  they  are  ordered  constructed  by  the  engineer. 

(e)  Extra  Work. — All  work  ordered  by  the  engineers  and  not  included 
under  any  of  the  previous  headings  or  under  the  prices  bid  by  the  contractor, 
and  which  logically  comes  under  this  contract,  shall  be  paid  for  on  the  basis 
of  cost  plus  the  percentage  bid  by  the  contractor.       The  cost  of  this  extra 
work  shall  be  calculated  on  the  basis  of  the  price  paid  all  laborers  and  foremen 
actually  engaged  on  this  particular  work,  a  part  of  the  cost  of  the  superin- 
tendent and  time  keeper;  said  part  to  be  charged  as  extra  work  shall  be  the 
proportional  part  of  the  entire  amount  paid  said  superintendent  and  time- 
keeper that  the  field  pay  roll  of  the  extra  work  bears  to  the  entire  field  pay 
roll  for  the  days  that  said  extra  work  is  being  performed.      The  cost  shall 


444  Appendix  B 

also  include  the  price  of  any  small  tools,  such  as  picks,  shovels  and  hammers 
that  may  be  worn  out  or  lost  by  the  men  actually  engaged  on  said  extra  work 
during  such  time  as  they  are  engaged  on  said  extra  work. 

Said  extra  cost  shall  include  the  cost  of  any  lumber,  hardware,  cement, 
gravel  or  any  other  material  used  and  incorporated  in  said  extra  work.  The 
cost  shall  include  all  liability  insurance  actually  paid  on  the  laborers  and 
foremen  engaged  on  said  extra  work. 

Said  cost  of  extra  work  shall  not  include  any  overhead,  carrying,  general 
or  general  office  expense. 

The  percentage  added  to  the  cost  shall  cover  all  rental  for  any  plant,  ma 
chinery  or  large  tools  furnished  by  the  contractor  and  used  by  him  on  said 
extra  work.  No  additional  charges  for  rentals  will  be  allowed  but  said  extra 
cost  shall  include  the  expenses  of  all  ordinary  renewals  or  repairs  made  to 
the  machinery  or  equipment  and  caused  by  the  use  of  the  machinery  and 
equipment  while  actually  used  on  said  extra  work. 

15.  Removal  of  Unused  Material.  Rubbish,  etc., — All  unused  material,  and 
all  rubbish  of  any  kind,  must  be  removed  and  deposited  in  a  place  satisfactory 
to  the  superintendent  of  the  water  works,  and  in  accordance  with  the  city 
ordinances.  The  reservoir  and  suction  well  shall  be  thoroughly  cleaned  and 
left  in  a  condition  satisfactory  to  receive  water.  All  work  shall  be  left  in  a 
neat,  clean  and  orderly  condition. 


APPENDIX  C 

DRAWINGS  AS  A  BASIS  FOR  SPECIFICATION  WRITING 

The  following  drawings  are  furnished  as  a  basis  for  the  writing 
of  specifications  in  order  that  the  student  may  have  a  definite  and  dis- 
tinct conception  of  the  subject  on  which  he  is  required  to  write.  The 
student  should  be  assigned  one  or  more  of  these  subjects  and  be  re- 
quired to  write  complete  specifications  of  all  or  of  such  part  of  the  same 
as  may  seem  desirable. 


446 


Appendix  C 


CVJ 


<»\  r»  "^  > 

I      c§* 


.  o  <b    ^ 

it! 


Drawings  for  Specifications 


447 


.^ 


IOU' 


!^ 


t+tiv 

& :  o<5  o. 


*^       JS 

i^§ 


448 


Appendix  C 


IM^Hl 
•K**l  ' 


*/ 


t* — • 


.*M     4<|* 


I 


Drawings  for  Specifications 


449 


450 


Appendix  C 


Drawings* for  Specifications 


451 


•        i 

!  i 

it, 

>,  1 

i          !   x         ^        t 

1               i      1       T    *S> 

452 


Appendix  C 


Drawings  for  Specifications 


453 


454 


Appendix  C 


Drawings  for  Specifications 


455 


456 


Appendix  C 


Drawings  for  Specifications 


457 


458 


Appendix  C 


Drawings  for  Specifications 


459 


?9 


1J 

M 


.&*.& 


460 


Appendix  C 


Drawings  for  Specifications 


461 


Jttye  POOM- 


462 


Appendix  C 


Drawings  for  Specifications 


463 


I  1 

» 5  {|  $j 

*  ^|l|.r-, 
^irllM 


464  Appendix  C 

PUMPING  STATION 

The  following  Figures  19  to  24  inclusive  are  drawings  for  a  water 
works  pumping  station.     Specifications  may  be  drawn  for  work  and 
material  for  either  the  plant  as  a  whole,  or  for  the  various  parts  ac- 
cording to  the  following  schedule: 
Building. 

Excavation. 

Foundations. 

Concrete  floors  and  walls. 

Wooden  floors. 

Brick  walls. 

Cut  stone. 

Roof  trusses. 

Roof. 

Machine  foundations. 

Stairways. 

Railings. 

Doors. 

Windows. 

Wainscoting. 

Trim. 

Gutters  and  downspouts. 
Chimney. 
Machinery. 

Steam  piping. 

Water  piping. 

Sewer  piping. 

Breeching  and  smoke  connection. 
Boiler — 125  H.  P.  return  tubular. 
Heater. 

Engine — 50  H.  P.  simple  Corliss. 
Triplex  power  pump,  500  gallons  per  minute,  200  ft-  lu'a<l. 


Drawings  for  Specifications 


465 


466 


Appendix  C 


Drawings  for  Specifications 


467 


468 


Appendix  C 


Drawings  for  Specifications 


469 


,o-,2 
9d/d  ebutjq  ///^ 


470 


Appendix  C 


T.^y.t..u.....y^ 

1    La£,^:/- /.>;'?•  •-VX:^J1 

I 
Secf/ona/  Elevation 


/#-'<?' 

•Section  B-B 


Fig.  24.— Water  Works  Pumping  Station,  Chimney. 


Drawings  for  Specifications  471 

WATER  POWER  PLANT 

The  following  Figures  25  to  28  inclusive  show  four  views  of  a 
vertical   turbine   setting   with   plate   steel   bulkhead,   timber   penstock 
tes,  trash  racks,  etc.     Specifications  may  be  drawn  for  either  the  com- 
lete  structure  or  its  various  parts  as  given  in  the  following  schedule : 
Rock  and  earth  excavation. 
Concrete. 

Plate  steel  bulkhead  and  other  wrought  iron  work. 
Trash  racks  and  supports. 
Cast  iron. 

Timber  gates  and  other  timber  work. 
Harness  or  power  transmission  machinery. 
Gate  lifting  devices. 


472 


Appendix  C 


C.J.  Cur  pinion 
C.f.  Mbr//secf  gear: 


Fig.   25.— Vertical  Turbine  Setting — Sectional  Elevation  Through  Wheel-pit 

and  Bulkhead. 


Drawings  for  Specifications 


473 


474 


Appendix  C 


ty 

? 


E 


Drawings  for  Specifications 


475 


476 


Appendix  C 


Drawings  for  Specifications 


477 


J/a" Sorter  p/ate 


s//6"  Sorter  p/afe 


Wafer  gauges    %"*  Z4  "  q/ass 
screwed  for  3/4* pipe  -  brass 
fittings  •  wood  wheels 


32-  /3//e'  ho/es  on  27 
circ/e  for  3/* 

/6~t)0/es  on  2 Jib  "circle 
top  for  /"cap 
screws  -fur/?/9h  /6 
f  hexaqona/ 

head  cap  screws 


Water  gauges 


Cost  /ron  sadaf/e  f/artge 


•Tap  shell  for 
'k'air  pipe 


Bottom-flange  removcct 


-  30,— Plate  Steel  Air  Chamber. 


478 


Appendix  C 


Drawings  for  Specifications 


479 


480 


Appendix  C 


1 

M 

1 

oJ 


a 


a  ^ 

0}    cO 

50 

C3 

a 

^ 

M 
(H 

Oj 

O 


Drawings  for  Specifications 


481 


Elevation 


Mg.  34. — Structural  bteel  Transmission  Line  Pole — Excavation,  Work  and 
Material  for  Setting  Concrete  Bases  and  Anchors,  Work  and  Material  for 
Construction  and  Erection  of  Steel  Pole. 


482 


Appendix  C 


Drawings  for  Specifications 


483 


c 
Generator   Pane/s      ,-i 


Distribution  line 


Circuit  breakers. 

dm  meters. 

Voltmeters 

Bheostats 
Name  p fates 
Bus  bars 


Watt-hour  meters 


Cenerator 


AAAAAA 


3G.— Switch  Board  for  Two  500  K.  W.  Direct  Current  Generators— Fuj- 

and  Erecting. 


484 


Appendix  C 


Synchroscope 


—  Generator  rheostat 


A.C.  dm  meter. 
AC.  Wattmeter. 

O.C.  fte/d  ammeter 
AC.  Vo/t  meter 
A.C.  Ammeter  switch. 
Concentric  exc/fer  and  gene- 
rator rheostat  mechanism. 
Vo/t  meter  receptac/e. 
Held  discharge  switch 
Synchronizing  receptac/e. 
Oorernor  con  fro/  sw/fch 


O//  switch  handle 


Waff  hour  meter 


#1  #2 

Generator  pane/s. 


.     AC.0en.  Go*  controf 
*/        #/         Motor  #/ 


AC.  Gen.  Gov.  control 
*t^        #Z   '    Motor  #2 
Connections  same  as 
pane/  &  /. 


.  37.— Switch  Board  for  Two  500  K.  W.  Alternating  Current  Generator^— 
Furnishing  an(j  Erecting. 


APPENDIX  D 

BIBLIOGRAPHY  OF  SPECIFICATIONS 


In  compiling  this  bibliography  the  following  references  were  con- 
sulted : 

Abbreviation 

Engineering  News Eng.  News 

Engineering  Record Eng.   Rec. 

Engineering   Contracting Eng.    Cont, 

Transactions  American  Society  of  Civil  Engineers A.  S.  C.  E. 

Transactions  American  Society  of  Mechanical  Engineers A.  S.  M.  E. 

Transactions  American  Institute  of  Electrical  Engineers A.  I.  E.  E. 

General  Sessions  National  Electric  Light  Association N.  E.  L.  A. 

Proceedings  American  Society  for  Testing  Materials.  .Am.  Soc.  Test.  Mat. 
Proceedings  American  Water  Works  Association ....  Am.  W.  Wks.  Ass'n 
Proceedings  American  Railway  Engineering  and  Maintenance  of  Way 

Association A.  R.  E.  &  M.  W.  Ass'n 

Proceedings  New  England  Water  Works  Association.  .N.  E.  W.  Wks.  Ass'n 
A  Manual  of  Engineering  Specifications  and  Contracts,  by  Lewis  M. 

Haupt  (1883).     Published  by  J.  M.  Stoddard  &  Co.,  Philadelphia 

Haupt 

Engineering  Contracts  and  Specifications,  by  J.  B.  Johnson,  McGraw-Hill  Book 

Co.,  New  York  Johnson 

Standard   Specifications,   by  John  C.   Ostrup.     Published   by  McGraw-Hill 

Book   Co.,   New   York Ostrup 

References  to  several  other  publications  are  given,  among  which 
may  be  noted : 

Transactions  of  the  Society  of  Automobile  Engineers 
Proceedings  Master  Car  Builders'  Association 
Professional  Papers,  Corps  of  Engineers,  United  States  Army 
Proceedings  of  National  Association  of  Cement  Users 
Proceedings  of  American  Railway  Bridge  and  Building  Association 

Reference  to  The  Engineering  News  and  Engineering  Record  are 
usually  given  as  follows:  1913-11-672 — the  first  number  referring 
to  the  year,  the  second  indicating  the  volume  of  that  year  and  the 
last  giving  the  page  on  which  the  matter  is  found.  It  should  be' 
noted  that  references  in  periodicals  given  as  taken  from  the  proceed- 
ings of  the  American  Society  for  Testing  Materials  or  given  in  any 
volume  of  the  publications  of  that  society  may  be  found  in  their  latest 
form  in  the  latest  Year  Book  of  the  Society. 


486  Appendix  D 

STANDARD  SPECIFICATIONS 

The  following  specifications  have  been  proposed  by  various  indi- 
viduals and  organizations  as  "standard,"  and  if  found  satisfactory  for 
particular  purposes  may  be  adopted  by  reference  or  reproduced  with 
necessary  changes.  Frequently  revised  editions  may  be  available,  and 
in  any  case  when  their  use  is  contemplated,  copies  of  the  latest  edition 
should  be  secured,  examined,  and  if  satisfactory,  filed  for  reference 
after  adoption  for  any  special  purpose. 
Alloys — 

Aluminum   alloys,    copper   alloys,   phosphor   bronze,    brass,    babbit,    etc. 

Trans.  Society  Automobile  Engineers,  1910,  1911. 

Manganese  bronze  ingots.     Proc.  Am.  Soc.  Test.  Mat.,  1911.     See  "Alloys." 
Aluminum — 

Castings,  wire  and  cable.    Year  Book  Am.   Soc.   Test.   Mat.,   1910.     See 

"Aluminum." 
Boilers — 

Report  Am.   Boiler  Mfgs.  Ass'n.     Steam   Engineering,  June.    1900.     See 

"Boilers." 
Brick — 

Proc.  Am.  Soc.  Test  Mat.,  1913.     See  "Pavement,"  "Brick,"  Etc. 
Bridges— 

Ostrup.     Proc.    A.    R.    E.    &   M.    W.   Ass'n,    1906,    1907,    1905,    1910.     See 

"Bridge,"  "Timber,"  "Iron  and  Steel." 
Buildings- 
Jour.  Am.  Soc.  Eng.  Cont.,  1911.     Handbook  for  Architects  and  Builders. 

Vol.  16,  1913.     See  "Building,"  "Fire  Protection." 
Illinois  Society  of  Architects.     Handbook  for  Architects  and  Builders. 

Vol.  XIX,  1916. 
Castings— 

-    Gray  iron.    Proc.  Am.  Soc.  Test.  Mat.,  1905.     Trans.  Soc.  Auto.  Eng'rs, 

1910,  Am.  Foundry  Men's  Ass'n,  1901. 
Steel.    Proc.  Am.  Soc.  Test.  Mat,  1905.     Trans.  Soc.  Auto  Eng'rs,  1910. 

See  "Aluminum,"  "Iron  and  Steel,"  "Cars." 
Cement— 

U.  S.  Standard.     Eng.  News,  1896,  1897,  1898.     Proc.  Am.  Soc.  Test.  Mat, 
1909.     Proc.  A.  R.  E.  &  M.  W.  Ass'n,  1903,  1905,  1909.     Trans.  Am.  Soc. 
C.  E.,  1910.     Professional  Paper  28,  Corps  of  Eng'rs.  U.  S.  Army.     Eng. 
Rec.  1910-1-819.     Trans.  Can.  Soc.  C.  E.     Vol.  23.     See  "Cement" 
Concrete— 

Proc.  Nat.  Ass'n  Cement  Users,  1908.     Engineering  Work  in  Towns  and 
Cities,  by  McCullough.     Ostrup.     Proc.  A.  R.  E.  &  M.  W.  Ass'n,  1910 
See  "Concrete." 
Copper — 

Proc.  Am.  Soc.  Test.  Mat.,  1911  and  1913.     See  "Copper,"  "Wire,"  Etc, 
Electrical — 

Rules.     Trans.  A.  I.  E.  E.,  1911. 
Trans.  A.  I.  E.  Ev  1907. 


Bibliography  of  Specifications  487 

Insulators.     Trans.  A.  I.  E.  E.  1914. 

Lights.    Eng.  Rec.,  1913.     Trans.  Soc.  Auto.  Etig'rs,  1911. 

Electric  Power  Club.    Standardization  Rules  of  Club,  1916.   C.  H.  Roth, 

Sec'y,  1410  W.  Adams  St.,  Chicago,  111. 
Transformers.     "Electrical  Machine  Design,"  by  Gray.     See  "Electrical," 

"Transmission  Lines." 
Excavation  — 

Seattle.     Eng.  Cont.  July  5,  1911.     See  "Excavation,"  "Measurement." 


A.  R.  E.  &  M.  W.  Ass'n.     1911. 
Fire  Protection  — 

National  Fire  Protection  Ass'n,*   87  Milk  Street,  Boston.     Nat'l  Board 

Fire  Underwriters,*  135  William  Street,  New  York. 
Building— 

Fireproof  Construction  Requirements.    National  Fire  Protection  Assoc. 

Nat'l  Board  Fire  Underwriters. 

Building  Code.    Concrete  Construction.    Nat'l  Board  Fire  Underwriters. 
Recommendations    pertaining    to    Sloiv   Burning    or   Mill    Construction. 

Nat'l  Board  of  Fire  Underwriters. 
Pumps  — 

,  '      Centrifugal,  Electric,  Rotary  and  Steam  Fire  Pumps.    Nat'l  Board  of  Fire 
Underwriters,  Notes  on  Hydraulics  by  I.  J.  Owen.     Pub.  by  The  Insur- 
ance  Press,   New   York,   Crosby-Fiske   Handbook   of   Fire   Protection. 
Pub.  by  Insurance  Field  Co.,  Louisville,  Ky 
Sprinklers  — 

Rules  and  Requirements  for  Automatic  Sprinkler  Systems.     Nat'l  Board 

Fire  Underwriters. 
Tanks  — 

Pressure  and  Gravity.    Nat'l  Board  of  Fire  Underwriters. 
Wiring  — 

Insulation.     Nat'l  Board  Fire  Underwriters. 
Hydrants- 

Jour.  N.  E.  W.  Wks.  Ass'n,  1912.     Eng.  News,  Aug.  7,  1913,  June,  1913. 

See  "Hydrants,"  "Valves." 
Iron  and  Steel  — 

Axles.    Proc.  Am.  Soc.  Test.  Mat,  1905,  1911,  1913. 

Boiler  Plate,  rivet  steel.     Trans.  A.  S.  M.  E.     1902,  1903,  1904,  1914.     Proc. 

Am.  Soc.  Test.  Mat.,  1909,  1913. 
Blooms  and  Billets.    Am.  Soc.  Test.  Mat.,  1913. 
Castings.     Proc.    Am.    Soc.    Test.    Mat.,    1904,    1905.     Trans.    Soc.    Auto. 

Fng'rs,  1910. 

Malleable  Iron.    Trans.  Soc.  Auto  Eng'rs,  1910. 
Pig  Iron.     Proc.  Am.  Soc.  Test.  Mat.,  1909. 
Iron  and  Steel  —  Continued. 

Rails.     Carnegie  Steel  Co.     Pamphlet.     Proc.  Am.  Soc.  Test.  Mat.,  1906, 
1907,  1909,  1915.     "Steel  Rails"  by  Sellew. 


*  Copies  of  publications  of  the  above  associations  may  be  secured  from 
the  secretaries  at  the  addresses  given. 


488  Appendix  D 

Reinforcing  Bars.  A.  R.  E.  &  M.  W.  Ass'n,  1910.  Trans.  A.  S.  C.  E.,  1910. 
Proc.  Am.  Soc.  Test.  Mat.,  1911,  1912,  1913. 

Splice  Bars  and  Stay  Bolts. — Proc.  Am.  Soc.  Test.  Mat.,  1907,  1909,  1913. 
Carnegie  Steel  Co.  Handbook. 

Spring  Steel.     Proc.  Am.  Soc.  Test.  Mat,  1907. 

Structural.    Proc.  Am.  Soc.  Test.  Mat,  1909.     Ostrup.     Trans.  Soc.  Auto 

Ejng'rs,  1910.     See  "Iron  and  Steel,"  "Castings,"  "Railways." 
Masonry— 

Stone.     Proc.  A.  R.  E.  &  M.  W.  Ass'n.Vol.    9  and  Year  Book  1911.     See 

"Masonry." 
Measurement^ 

Concrete.    Nat'l  Ass'n.     Cement  Users.     Eng.  News,  Vol.  67.     See  "Meas- 
urement" 
Oils — 

Coal  Tar  Creosote.    A.  R.  E.  &  M.  W.  Ass'n,  1910. 

Linseed.    Proc.  Am.  Soc.  Test.  Mat,  1913. 

Lubricating.    Trans.  Soc.  Auto  Engr's,  1910.     See  "Oils." 
Paint — 

Preservative   Coatings.     Proc.   Am.   Soc.   Test.   Mat.,   1913.     Trans.    Soc. 

Auto  Eng'rs,  1911.     See  "Paint." 
Pavements- 
Street  Railway  Pavements.     Nat'l  Paving  Brick  Mfgrs.   Ass'n,  1911. 
Ass'n  for  Standardizing  Paving  Specifications.    Annual  Reports.    Chi- 
cago.    Eng.  Cont  Mar.  9-16,  1910.     Maine.     Eng.  Cont  Sept  16,  1914. 
Pitts'burg.    Eng.  Cont.  Aug.  21,  1912.     Seattle.     Eng.  Cont.  Aug.  9,  1911. 

Asphalt.  New  Jersey.  Eng.  Rec.,  1912.  New  York  City  "Highway  En- 
gineering," by  Morrison.  American  Soc.  Municipal  Imp.,  1911.  Pub. 
by  Municipal  Journal,  Chicago.  Eng.  Cont.  Mar.  23,  1910. 

BricJc.  Chicago.  Eng.  News,  1910.  Nat'l  Pav.  Brick  Mfgrs.  Ass'n.  W.  P. 
Blair,  Sec'y.  Cleveland,  Ohio.  Proc.  Am.  Soc.  Mun.  Imprvt,  1911. 
Pub.  by  Municipal  Jour.  Year  book  Am.  Soc.  Test.  Mat,  1913. 

Concrete.    Nat'l  Ass'n  Cement  Users.     Eng.  Cont.  Jan.  20,  1909. 

Macadam.     Chicago.    Eng.  News,  1910.    New  Jersey  "Highway  Engineer- 
ing" by  Morrison.     See  "Pavement  and  Road  Construction,"  "Brick," 
Etc. 
Plastering— 

Standard  Specilcations  for  Exterior  Plastering  (stucco).    Ass'n  Metal 
Lath  Mfgrs.     Pamphlet.     August,  1913.     812  Wick  Bldg.,  Youngstown, 
Ohio. 
Pipe— 

Cast  Iron.  Proc.  Am.  W.  Wks.  Ass'n,  1908,  1912.  Proc.  Am.  Soc.  Test. 
Mat.,  1904.  Seattle.  Eng.  Cont.  Aug.  2,  1911. 

Concrete.    Proc.  Nat.  Ass'n  Cement  Users,  1911. 

Vitrified.     Am.  Soc.  Test.  Mat,  1914.     Eng.  Cont.  Aug.  19,  1914.     Iowa 

State  Drain.  Ass'n,  Eng.  News,  1913. 
Pipe — Continued. 

Wood  Stave.  Proc.  Am.  Ry.  Bridge  &  Bldg.  Ass'n.  32d  Ann.  Rept.  See 
"Pipe." 


Bibliography  of  Specifications  489 

Railways — 

Ballast.     Proc.  A.  R.  E.  &  M.  W.  Ass'n,  1902,  1905,  1910. 

Car  Wheels.     Proc.  Am.  Soc.  Test.  Mat,  1905,  1913. 

Cars.     Proc.  Master  Car  Bldrs.  Ass'n,  1911. 

Fences.     A.  R.  E.  &  M.  W.  Ass'n,  1911. 

Frogs  and  Switches.    A.  R.  E.  &  M.  W.  Ass'n,  1909,  1910. 

Rails.     See  "Iron  and  Steel." 

Rolling  Stock.    Proc.  Am.  Soc.  Test.  Mat.  1904. 

Signals.     A.  R.  E.  &  M.  W.  Ass'n,  1905-6-7. 

Tires.    Proc.  Am.  Soc.  Test.  Mat.,  1909. 

Track    Construction.    Eng.    News,    1900-11,    p.    430.     See    "Railways," 

"Cars,"  "Iron  and  Steel,"  Etc. 
Refractory  Material — 

Silica  Brick,  Etc.    Can.  Engr.  Vol.  23,  p.  331. 
Sewers — 

American  Soc.  Mun.  Impvt.  Mimic.  Engng.,  1912. 
Sidewalks,  Curbs  and  Gutters — 

Nat'l  Ass'n  Cement  Users.  Eng.  News,  1909.  Eng.  Cont.  Jan.  20.  1909, 
Feb.  23,  1910.  "Civil  E,ng.  Pocket  Book,"  by  Frye.  "Engineering 
Work  in  Towns  and  Cities,"  by  McCullough.  See  "Sewers."  Nat'l 
Ass'n  Cement  Users.  Eng.  Cont.  Jan.  20,  1911.  Civil  Engrs.  Pocket 
Book,  Frye.  Engineering  work  in  Towns  and  Cities.  McCullough. 
See  "Sidewalk." 
Signals — 

A.  R.  E.  &  M.  W.  Ass'n,  1905-6-7.     See  "Railways." 
Timber — 

Structural.  Proc.  Am.  Soc.  Test.  Mat,  1907,  1910,  1913.  Seattle.  Eng. 
Cont  Aug.  30,  1911.  Trans.  A.  R.  E.  &  M.  W.  Ass'n,  1908-9-13.  Year 
Book  A.  R.  E.  &  M.  W.  Ass'n,  1911.  Ostrup.  Yellow  Pine  Mfgrs.  Ass'n. 
Manual  of  Standard  Construction,  1911. 

Tics.  Eng.  News,  1911-11.  p.  430  A.  R.  E.  &  M.  W.  Ass'n,  1906.  See 
"Timber." 

U.  S.  Dept  Agric.  Forest  Service.    Bui.  71.    Rules  and  Specifications  for 
the  Grading  of  Lumber  adopted  by  the  various  Lumber  Manufacturing 
Associations  of  U.  S.,  compiled  by  E.  R.  Hodson,  1906. 
Transmission  Line— 

Overhead  Wires— Seattle.     Eng.  News,  Vol.  67.    Nat'l  Elec.  Lt.  Ass'n,  1913. 

See  "Transmission  Line,"  "Wire,"  "Cable." 
Valves — See  "Hydrants." 
Wire — 

Copper-     Harddrawn.     Proc.  Am.  Soc.  Test  Mat,  1909. 

Aluminum.     Year  Book.     Am.  Soc.  Test  Mat,  1910. 

Insulated.    Proc.  A.  I.  E.  E.,  1911.     Proc.  Ry.  Signal  Ass'n,  Vol.  8. 

Bonding.    Copper  Clad.     Proc.  Ry.  Signal  Ass'n,  Vol.  9.     See  "Wire." 

Wiring.     See  "Fire  Protection." 

Zinc.     Penn.  R.  R.     Soc.  Auto  Engrs.     Vol.  6.     Proc.  Am.  Soc.  Test  Mat, 

mi, 


490  Appendix  D 

SPECIFICATIONS  ALPHABETICALLY  ARRANGED 

Acetylene  Generators — 

Specifications  for  acetylene  generators  at  Fort  McPherson,  Ga.     Eng. 

News,  1904-1-102. 
Aeroplane — see  "Flying  Machine." 

Air  Brake  Hose — 

Discussion  at  Master  Car  Builders'  Ass'n.  Eng.  News,  1901-II-7; 
1904-I-58G;  1904-II-9. 

Air  Compressor — 

Air  compressor  for  air  lift  plant  at  Spring  Lake,  N.  J.     Eng.  News, 

1905-1-223. 
Alloys — 

Specifications  for  Aluminum  Alloys,  by  Henry  Souther,  Chm.  Standards 
Comm.  for  Soc.  of  Automobile  Engineers,  1910.  Reference:  Trans, 
of  the  Soc.  of  Automobile  Engineers,  Vol.  5,  pp.  168-175.  Note: 
For  notes  and  instructions  referring  to  above,  see  same  volume, 
pp.  176-202. 

Copper  and  its  alloys.  Abstract  of  Pennsylvania  R.  R.  specifications 
for  materials.  (In  practical  use  for  several  years.  Reprint  rec.  by 
Soc.  of  Automobile  Engineers'  Standard  Committee,  1911.)  Refer- 
ence: Trans,  of  the  Soc.  of  Automobile  Engineers,  Vol.  6,  pp.  400- 
445. 

Specifications  for  Phosphor-Bronze  Bearing  Metal,  by  Henry  Souther, 
Chm.  Standards  Comm.  for  Soc.  of  Automobile  Engineers,  1910. 
Reference:  Trans,  of  the  Soc.  of  Automobile  Engineers,  Vol.  5, 
pp.  168-175.  Note:  For  notes  and  instructions  referring  to  above, 
see  same  volume,  pp.  176-202. 

Yellow  Brass,  by  Henry  Souther,  Chm.  Standards  Comm.  for  Soc.  of 
Automobile  Engineers,  1910.  Reference:  Trans,  of  the  Soc.  of  Au- 
tomobile Engineers,  Vol.  5,  pp.  168-175.  Note:  For  notes  and  in- 
structions referring  to  above,  see  same  volume,  pp.  176-202. 

Valve  Bronze,  by  Henry  Souther,  Chm.  Standards  Comm.  for  Soc.  of 
Automobile  Engineers,  1910.  Reference:  Trans,  of  the  Soc.  of  Au- 
tomobile Engineers,  Vol.  5,  pp.  168-175.  Note:  For  notes  and  in- 
structions referring  to  above,  see  same  volume,  pp.  176-202. 

Babbit  Metal,  by  Henry  Souther,  Chm.  Standards  Comm.  for  Soc.  of 
Automobile  Engineers,  1910.     Reference:   Trans,  of  the  Soc.  of  Au- 
^       tomobile  Engineers,  Vol.  5,  pp.  168-175.     Note:    For  notes  and  in- 
structions referring  to  above,  see  same  volume,  pp.  176-202. 

Standard  specifications  for  manganese  bronze  ingots   (adopted  1911). 

Proc.  Am.  Soc.  Test.  Mat.,  1911,  Vol.  11,  p.  150. 
Aluminum — 

Wire  for  Electric  Transmission  Lines,  by  F.  A.  C.  Perrine  and  F.  G. 
Baum.  Eng.  News,  1900-11-215. 

Castings,  wire  and  cable.    Am.  Soc.  Test.  Mat.    Year  Book,  1910. 


Bibliography  of  Specifications  491 

Asphalt — see  "Bitumen." 
Axles — see  "Iron  and  Steel." 
Ballast,  Railway — 

Specifications.     Report  A.  R.  E.  &  M.  W.  Ass'n.     Eng.  News,  1903-1- 

285. 
Standards  in  United  States,  Canada  and  Mexico.     Eng.  News,  1900-11- 

142. 

Roadbed  ballast.     Report  of  committee,  materials  and  form  of  cross- 
section.     Proc.  A.  R.  E.  &  M.  W.  Ass'n,  1902,  Vol.  3,  p.  128. 
Ballasting.     Report    of    committee    specifications    for    materials    and 

cross-section   for  stone,   gravel,   cinders,   burnt   clay,   shells.     Proc. 

A.  R.  E.  &  M.  W.  Ass'n,  1905,  Vol.  6,  p.  734;  1906,  Vol.  7,  p.  83. 
Revised — for  ballast  specifications.     Proc.  A.  R.   E.   &  M.  W.  Ass'n, 

1910,  Vol.  11,  p.  907. 
Balloon-— 

U.    S.    Signal   Corps.     Specifications    for   a   dirigible   balloon.     Trans. 

A.  S.  M.  E.,  1908,  Vol.  30,  p.  689. 
Barges — 

Specifications    for    steel    barges    for    Mississippi    River    improvement 

work.     Eng.  Cont.,  Apr.  24,  1912,  p.  457. 
Bearings — see  "Iron  and 'Steel;"  "Alloys." 

Belts — 

Leather  driving  belts.     Water  power  electric  plant  at  Austin,  Texas. 

Johnson,  p.  245. 
Bitumen — 

Confusion  of  Terms  "Asphalt"  and  "Pitch"  in  Specifications,  by  C.  G. 
Atwater.  Eng.  News,  1908-1-639. 

Asphaltic  pavements  and  sheet  asphalt  at  Vancouver,  B.  C.  Eng. 
News,  1912-11-770. 

Methods  of  analysis  for  tars  and  suggested  specifications  for  their  use. 
U.  S.  Office  of  Public  Roads.  Eng.  Cont.,  Oct.  14,  1908,  p.  240. 

Specifications  for  bituminous  road  binders.  Paper  before  First  Con- 
gress of  Road  Builders,  by  A.  B.  Fletcher.  Eng.  Cont.,  Sept.  1, 
1909,  p.  185. 

Specifications  of  New  York  State  Highway  Department  for  Bituminous 
Macadam  and  Bituminous  Materials.  Eng.  Cont.,  Dec.  8,  1909, 
p.  490. 

Asphalt  specifications  of  Pennsylvania  Highway  Department.  Eng. 
Cont.,  Aug.  19,  1914,  p.  193. 

See  also  "Pavements,"  "Oils." 

Toronto  Asphalt  Specifications  by  G.  C.  Powell.     Can.  Eng.  Vol.  25,  p.  837. 
Bituminous  Concrete  Plant — 

English  Specifications  for  Bituminous  Concrete  Mixing  Plant  and  De- 
scription of  Acceptance  Test,  by  W.  H.  Grieves.  Eng.  Cont,  Sept.  30, 
1914,  p.  325. 


492  Appendix  D 


Boilers — 

United  States  government  naval  specifications.  Eng.  News,  1899-1- 
15,  183. 

Specifications  for  water  tube  boilers  for  St.  Louis,  Mo.  Eng.  News, 
1894-1-151;  1896-11-280,  315,  330. 

Standard  specifications.  Report  to  the  American  Boiler  Manufactur- 
ers' Association.  Eng.  News,  1898-11-251. 

Uniformity  in  specifications  for  marine  boilers.  Report  to  the  Am. 
Boiler  Manufacturers'  Association.  Eng.  News,  1904-11-373. 

Specifications  for  horizontal  tubular  and  boiler  equipment.  Dummy 
form.  Useful  in  making  up  specifications  for  tubular  boilers  to- 
gether with  settings.  Power,  Dec.,  1905,  pp.  728,  729. 

Specifications  for  boilers.  Fairly  complete,  carefully  drawn  up  in 
blank  form,  convenient  for  general  use.  The  Engineer,  July  15, 
1902,  pp.  514,  515. 

Uniform  specifications  for  boilers.  Recommendations  of  the  Amer. 
Boiler  Makers'  Ass'n  Comm.  Contains  some  of  the  important  fea- 
tures of  report.  Very  practical.  Modern  machinery,  1900-1901, 
pp.  233-236. 

Specifications  for  boilers.  Standard  requirements  of  the  Amer.  Boiler 
Manufacturers'  Ass'n.  Of  practical  interest  and  value.  Includes 
items  of  greatest  value  to  those  who  are  engaged  in  operating 
plants,  but  has  nothing  to  do  with  manufacturing  of  boilers.  Steam 
Engineering,  June,  1900,  pp.  317,  318. 

Boilers.     New  Orleans,  La.     Johnson,  p.  409. 

Water  tubular  boilers  and  settings.     St.  Louis,  Mo.     Johnson,  p.  296. 

See  also  "Steam  Plant." 

Brick — 

Specifications   for   brick.     Report   to   the   Am.    Soc.    Test.    Mat.     Eng. 

News,    1909-11-56. 
Specifications  for  Common  and  Vitrified  Brick  and  Laying  Same  in 

St.  Louis,  Mo.,  by  W.  W.  Homer.     Eng.  Cont.,  Sept.  13,  1911,  p.  286. 
Proposed  standard  specifications  for  building  and  paving  brick.     Proc. 

Am.  Soc.  Test.  Mat.,  Vol.  13,  1913,  p.  286. 
See  also  "Pavement." 

Bridge — General  and  Details — 

Specifications  for  the  Design  of  Bridges  and  Subways,  by  H.  B.  Sea- 
man. Covers,  loading,  stresses,  details,  foundations,  etc.  Trans. 
A.  S.  C.  E.,  Vol.  75,  1912,  p.  313. 

Standard  Specifications  for  Bridges,  by  Ostrup.  (McGraw-Hill  Book 
Company.)  Highway  Bridges,  pp.  13-25;  Railroad  Bridges,  pp.  26- 
36;  Plate  Girders,  pp.  37-42.  Note:  Adapted  from  General  Specifi- 
cations for  Steel  Railroad  Bridges,  1910,  of  A.  R.  E.  &  M.  W.  Ass'n. 

Materials  and  Workmanship.  Materials  for  Structural  and  Rivet 
Steel,  by  Ostrup.  Pages  43-53. 

Inspection,  Painting  and  Erection,  Standard  Specifications  for,  by 
Ostrup.  Pages  54-57. 


Bibliography  of  Specifications  493 

Bridge— General  and  Details— Continued. 

Specifications  and  tables  for  steel  framed  structures.     Publication  by 

American  Bridge  Co.  of  New  York.     General  edition,  1913. 
Bridge — Highway — 

Relation  of  Bridge  Specifications  to  Highway  Improvement.  Paper 
before  Ind.  Eng.  Soc.,  by  Prof.  A.  Smith.  Eng.  Rec.,  1911-1-83. 

Highway  bridge  specifications  outlined  by  U.  S.  office  of  public  roads. 
Eng.  Rec.,  1913-11-230.  U.  S.  Dept.  Agriculture  Office  of  Public  Roads 
Circular  100,  1913. 

Steel  highway  bridge.  Specifications  of  the  office  of  public  roads. 
Editorial  Eng.  Rec.,  1913-11-255. 

Steel  highway  bridges  and  viaducts.  American  Bridge  Company. 
Johnson,  p.  433. 

Bridges.  Specifications  for  the  superstructure  of  the  Blackwell's 
Island  bridge.  Lengthy  abstract  carefully  drawn  up.  Contain  spe- 
cial features.  Eng.  Rec.,  Vol.  48,  Aug.  22,  1903,  pp.  222-224. 

Bridge,  specifications  for  a  suspension.  Full  specifications  drawn  up 
by  Mr.  Cooper  for  suspension  bridge  over  Hudson  River  at  New 
York  City.  Eng.  News,  Vol.  33,  Mar.  7,  1895,  pp.  159,  160. 

Specifications  for  concrete  floor  by  United  States  Office  of  Public 
Roads.  Eng.  Rec.,  1913-11-305. 

Specifications  for  Replacing  Wood  Floor  with  Reinforced  Concrete  for 
Highway  Bridges,  by  L.  C.  Smith.  Eng.  Cont,  Feb.  14,  1912,  p.  179. 

General  specifications  for  concrete  and  steel  bridge  work  of  the  111. 
State  Highway  Commission.  Eng.  Cont.,  Oct.  21,  1914,  p.  391. 

Design  features  of  Williams'  reinforced  concrete  highway  bridge,  Co- 
lumbus, Ohio.  Specifications  for  work  and  materials.  Eng.  Cont., 
June  3,  1914,  pp.  309,  643. 

See  also  "Concrete." 
Bridges,  Metal,  Railway — 

Bridge  specifications  of  the  Baltimore  and  Ohio  R.  R.  Eng.  News, 
1894-1-408;  1895-II-3G5;  1896-1-392. 

Bridge  specifications  of  the  Boston  &  Maine  Ry.  Eng.  News,  1897-1- 
175. 

Specifications  for  Chicago  Drainage  Canal  railway  bridges.  Eng. 
News,  1897-11-363. 

Specifications  for  steel  for  railway  bridges.  Drawn  up  by  Geo.  H. 
Thompson,  formerly  bridge  engineer  of  New  York  Central  R.  R., 
cover  difficulties  in  the  way  of  obtaining  suitable  materials  at  rea- 
sonable cost.  Eng.  News,  May  31,  1894,  p.  446. 

Specifications  for  bridge  over  the  Mississippi  river  at  Rock  Island, 
111.  Eng.  News,  1896-1-407. 

Specifications  for  suspension  bridge  over  North  river,  New  York.  Eng. 
News,  1895-1-145,  159,  176. 

Specifications  for  steel  bridges  and  viaducts  of  the  Atchison,  Topeka 

&  Santa  Fe  Ry.     Eng.  News,  1903-1-485. 
Specifications  for  Blackwell's  Island  bridge,  New  York.     Eng.  News, 

1903-11-113,  202,  442. 


494  Appendix  D 


Bridges,  Metal,  Railway — Continued. 

Specifications  for  material  and  workmanship  for  steel  structures  and 
schedule  of  unit  strains.  Report  of  committee.  A.  R.  E.  &  M.  W. 
Ass'n,  1903,  Vol.  4,  p.  130. 

Specifications  for  Erection  of  R.  R.  Bridges,  by  J.  E.  Greiner.  A.  R. 
E.  &  M.  W.  Ass'n,  1910,  Vol.  11,  p.  130.  Also  Eng.  Cont.,  Mar.  30, 
1910,  p.  299. 

General  specifications  for  steel  railroad  bridges,  loads,  design  details 
and  material.  Report  of  committee.  A.  R.  E.  &  M.  W.  Ass'n,  1905, 
Vol.  6,  p.  218;  1906,  Vol.  7,  p.  185;  1910,  Vol.  11,  p.  115. 

Steel  Railroad  Bridges  and  Viaducts.  Pennsylvania  Railroad,  John- 
son, p.  459. 

American  Bridge  Co.'s  New  Specifications  for  Bridges.  Article  con- 
tains important  extracts  from  same,  selected  to  cover  problems  of 

design.     Eng.  Rec.,  Vol.  42,  Dec.  1,  1900,  pp.  521-523. 
Specifications  for  Steel  Bridges  by  J.  A.  L.  Waddell.     John  Wiley  & 

Sons,  1900.     See  also  De  Pontibus,  by  Waddell.     John  Wiley  &  Sons, 

1898. 

Specifications  for  river  bridge.     Ohio   river.     Haupt,   p.    179. 
Specifications  for  wrought  iron  railroad  bridge.     Pennsylvania  R.  R., 

Morrisville  Station.     Joseph  M.  Wilson,  Engineer  Bridges.     Haupt, 

p.  142. 
Specified  and  Actual  Loads  of  Railway  Bridges.     Eng.  Rec.,  Vol.  66, 

p.  622. 
Specifications  for  East  River  bridge,  New  York.     Eng.  News,   1901- 

1-290,  454;   Eng.  Rec.,  1899-11-573. 
Specifications  for  electric  railway  bridges  of  the  Massachusetts  Board 

of  Railroad  commissioners.     Eng.  News,  1900-11-427. 
Sydney  Harbor  bridge,  requirements  for  stresses  and  materials.     Eng. 

News,   1901-11-58. 
Specifications   for   workmanship,   Thebes   bridge.     Eng.    News,    1905- 

1-481. 
Specifications  for  steel  railroad  bridges.     Trans.  A.  S.  C.  E.,  Vol.  41, 

1899,  pp.  140,  164,  257. 
Specifications  for  Metal  Bridges  Movable  in  a  Vertical  Plane.     B.  R. 

Lefner,  with  discussion.     Trans.  A.  S.  C.  E.,  Vol.  76,  1913,  p.  370. 
See  also  "Iron  and  Steel;"  "Cable." 

Bridge,  Timber — 

Specifications  for  timber  bridge.     Eng.  News,  1901-1-264. 
Recommended    specifications   for    workmanship    for   pile   and    timber 

trestles.     Committee  Report.     A.  R.  E.  &  M.  W.  Ass'n,  1906,  Vol.  7, 

p.  689,  1907,  Vol.   8,  p.  398. 
Discussion  of  specifications  for  wooden  bridges  and  trestles.     A.   R. 

E.  &  M.  W.  Ass'n,  1902,  Vol.  3,  p.  238. 
Specifications    for   timber   bridges    and    trestles.     Committee    Report. 

A.  R.  E.  &  M.  W.  Ass'n,  1905,  Vol.  6,  p.  27. 


Bibliography  of  Specifications  495 

Bridge,  Timber— Continued. 

Specifications  for  metallic  details  used  in  wooden  bridges  and  trestles. 

Committee  Report.     A.  R.  E.  &  M.  W.  Ass'n,  1906,  Vol.  7,  p.  692; 

1910,  Vol.  11, -p.  178. 

Bridge  and  Trestle  Work.     Haupt,  p.   173. 
See  also  "Timber." 

Hronze — see  "Alloys." 

Building — 

Architects'  and  builders'  uniform  contract.  (Adopted  and  recom- 
mended for  general  use  by  American  Inst.  of  Architects;  also  the 
National  Association  of  Builders.)  Reference:  Electric  Lighting 
Specifications,  by  Merrill;  2d  edition,  pp.  204-213. 

Building  code  of  the  City  of  New  York  theaters  and  opera  houses: 
(Proposed  by  Joint  Comm.  of  A.  I.  of  Architects,  Nat'l  Board  of 
Fire  Underwriters,  etc.)  Reference:  Insurance  Engineering,  Vol. 
21,  pp.  298-307.  Note:  For  various  rules,  regulations  and  recom- 
mendations of  Nat'l  Board  of  Fire  Underwriters,  Nat'l  Fire  Pro- 
tection Ass'n,  see  late  volumes  of  Fire  Insurance. 

Specifications  for  oil  houses.  (Adopted  by  Independence  Inspection 
Bureau  of  Philadelphia.)  Reference:  Insurance  Engineering,  Vol. 
21,  p.  444. 

Municipal  building  laws  in  the  United  States.'  Compared  by  R. 
Fleming,  Designing  Engineer  of  American  Bridge  Company.  Eng. 
News,  1913-II-9. 

Various  rules  and  requirements  of  the  National  Board  of  Fire  Un- 
derwriters for  different  forms  of  building  construction  and  fire  pro- 
tection, pumps,  appliances,  etc.  Reference:  Handbook  of  Fire 
Protection  for  Improved  Risks,  by  Crosby  &  Fiske.  Press  of  Stand- 
ard Pub.  Co.,  Boston,  Mass. 

Building  ordinance  of  the  City  of  Chicago.  (Passed  by  the  city  coun- 
cil, Dec.  5,  1910.)  Reference:  Handbook  for  Architects  and  Build- 
ers, published  under  auspices  of  Chicago  Architects  Business  Asso- 
ciation. Vol.  16,  1913,  p.  67. 

Complete  specifications  for  a  frame  dwelling.  "International  Library 
of  Technology,"  Vol.  33,  sect.  23,  p.  1. 

Report  on  Uniform  Specifications  for  Buildings,  by  Wm.  B.  Bamford. 
Discusses  the  general  considerations  affecting  contract  specifica- 
tions. Journal  Am.  Soc.  of  Eng.  Cont,  March,  1911. 

Specifications  for  Office  Buildings,  by  Fred  W.  Winterbum.  Sugges- 
tions helpful  n  writing  a  good  specification.  Brick  Builder,  Dec. 
1909,  Vol.  18,  pp.  257-259. 

High  service  pumping  station  No.  3,  St.  Louis,  Mo.     Johnson,  p.  267. 

Engine  house,  St.  Louis  Water  Works.     Johnson,  p.   304. 

Passenger  depot.  Baltimore  &  Potomac  R.  R.,  Washington,  Haupt, 
p.  124. 

Construction  of  college  building.     Pennsylvania,  Haupt,  p.   110. 


496  Appendix  D 

Building — Continued. 

Chicago  specifications  for  standard  hollow  tile  fire  proofing.  Ref- 
erence: Handbook  for  Architects  and  Builders,  Vol.  16,  1913, 
p.  183. 

Gravel  roofing  specifications.  (Adopted  by  Chicago  Master  Compo- 
sition Roofers'  Ass'n.)  Reference:  Handbook  for  Architects  and 
Builders,  Vol.  16,  1913,  p.  302. 

Modern  plumbing  specifications  used  on  work  done  under  the  super- 
vising architect  of  the  treasury  department,  Washington,  D.  C. 
The  Building  Mechanics'  Ready  Reference,  by  Richey  (Plumbers, 
Steam  Fitters'  and  Tinners'  Edition),  pp.  428-450. 

Specifications  for  the  plumbing  installation  in  the  Hotel  Santiago, 
Havana,  Cuba.  Plumbing  Plans  and  Specifications,  by  J.  J.  Cos- 
grove,  pp.  65-84. 

World's  Fair  (Chicago)  for  materials  and  workmanship.  Eng.  News, 
1892-1-291. 

Cleveland,  O.,  regulations  and  specifications  for  reinforced  concrete. 
Eng.  News,  1912-1-99,  305. 

Specifications  for  structural  work  of  buildings.  Trans.  A.  S.  C.  E., 
1905,  Vol.  51,  p.  371. 

Specifications  for  Grade  A.  Office  Building.  Requirements  of  Nat'l  Fire 
Proofing  Ass'n.  Eng.  Rec.  Vol.  73,  p.  831. 

Also  see  "Lathing;"  "Roofing;"  "Masonry."  etc. 
Cable,  Suspension — 

Specifications  for  suspension  cable.  Drawn  up  by  Mr.  L.  L.  Buck  for 
new  East  River  bridge.  Extracts  cover  manufacture  and  erection 
of  wire  work  proper.  Eng.  Rec.,  Vol.  40,  Nov.  18,  1899,  pp.  573, 
574. 

See  also  "Transmission  Line." 
Caissons — 

Specification  for  caisson  for  pier  of  Cincinnati  highway  bridge.    Trans. 

A.  S.  C.  E.,  1892,  Vol.  27,  p.  218. 
Canal  Locks — 

Cut  stone  masonry  at  Sault  Ste.  Marie.     Eng.  News,  1895-11-194-238. 

Also  see  "Masonry;"  "Concrete." 
Cars- 
Proposed    specifications    for   car    couplers.     Eng.    News,    1892-1-436; 
1899-1-393-396. 

Couplers  for  interurban  cars  where  interchange  of  equipment  is  in- 
volved. Eng.  News,  1912-11-861. 

Specifications  and  guarantee  for  C.  I.  wheels.  Rept.  M.  C.  B.  Ass'n. 
Eng.  News,  1897-1-360,  367. 

Cast  iron  wheels  for  sixty,  eighty  and  one  hundred  thousand  pound 
cars.  Eng.  News,  1904-1-614;  1904-11-9. 

Specifications  for  C.  I.  wheels  adopted  by  Master  Car  Builders' 
Ass'n.  Eng.  News,  1909-11-112. 

Specifications  adopted  by  Am.  Soc.  Test.  Mat.  Eng.  News,  1912-1- 
659, 


Bibliography  of  Specifications  497 

Cars — Continued. 

Standard  specifications  for  C.  I.  car  wheels.  Proc.  Am.  Soc.  Test. 
Mat.,  Vol.  5,  1905,  p.  65. 

Proposed  standard  specifications  for  forged  and  rolled,  forged,  or 
rolled  solid  steel  wheels  for  engine  truck,  tender  and  passenger 
subway  and  elevated  Ry.  service.  Proc.  Am.  Soc.  Test.  Mat.,  Vol. 
11,  1911,  p.  55. 

Same  for  freight  service.     Same,  p.  59. 

Gondola  cars.     Empire  Transportation  Company,  Haupt,  p.  201. 

Butter  and  egg  cars.  Empire  Transportation  Company,  Haupt, 
p.  198. 

Stock  cars.     Empire  Transportation  Company,  Haupt,  p.   197. 

Rack  cars.     Empire  Transportation  Company,  Haupt,  p.  194. 

Box  cars.     Empire  Transportation  Company,  Haupt,  p.   192. 

Boiler  tank  cars.     Empire  Transportation  Company,  Haupt,  p.  188. 

Car  materials.  Standards  and  recommended  practice  of  the  Master 
Car  Builders'  Association.  Proceedings  Master  Car  Builders' 
Ass'n,  Vol.  45,  1911,  pp.  521-788.  Includes  various  specifications 
for  car  material  and  equipment.  Standard  specifications,  recom- 
mended practice. 

Castings — 

Specifications  for  malleable  castings  (C.  L.  Sullivan).  Eng.  News, 
1897-1-247. 

Specifications  for  foundry  castings  (J.  I.  Case  Co.).  Eng.  News, 
1898-11-220. 

Specifications  for  Pig  Iron  and  Iron  Castings  for  Philadelphia  &  Read- 
ing Ry.  Co.,  by  Robert  Job.  Eng.  News,  1904-1-253. 

Specifications  for  cast  iron  and  finished  castings.  Eng.  News,  1904- 
1-584. 

Specifications  for  pig  iron  and  castings,  sampling  clause.  Eng.  News', 
1904-1-559. 

Specifications  for  foundry  supplies  (J.  I.  Case  Co.).  Eng.  News, 
1902-11-184. 

Standard  specifications  for  gray  iron  castings.  Proceedings  Am.  Soc. 
Test.  Mat.,  Vol.  5,  1905,  p.  71. 

Specifications  for  aluminum  castings.  Proc.  Am.  Soc.  Test.  Mat., 
Year  Book,  1910. 

Proposed  standard  specifications  for  gray  iron  castings.  (Adopted 
in  amended  form  by  letter  ballot  of  the  Amer.  Soc.  for  Testing  Ma- 
terials, Sept.  1905.)  References:  Digest — "Civil  Engineers  Pocket 
Book,"  by  Frye,  p.  498.  Proc.  Am.  Soc.  for  Testing  Materials,  Vol. 
5,  pp.  71-74;  also  1913  Year  Book,  pp.  191-194. 

Gray  Iron  Castings,  by  Henry  Souther,  Chm.  Standards  Comm.  for 
Soc.  of  Automobile  Engineers,  1910.  Reference:  Trans,  of  the 
Soc.  of  Automobile  Engineers,  Vol.  5,  pp.  168-175.  Note:  For 
notes  and  instructions  referring  to  above,  see  same  Vol.,  pp.  176- 
202, 


498  Appendix  D 

Castings — Continued. 

Gray  iron  castings;  molding  or  test  pieces  and  standard  specifications 
for.  Abstract  of  report  presented  to  American  Foundry  Men's  Ass'n 
in  June,  1901,  by  committee  of  same.  Eng.  News,  Vol.  46,  Aug.  1, 
1901,  p.  76. 

See  also  "Aluminum;'  "Iron  and  Steel,"  etc. 

Catchbasin — see  "Sewer." 

Cattle  Guards — 

Requirements  of  Canadian  government  commission.  Eng.  News,  1902- 
11-389. 

Cement- 
Philadelphia   work.     Comparison   of  American   and   foreign   cements 
Eng.  News,  1896-1-306,  338. 

South  Australian  government  cement  spec.     Eng.  News,  1896-11-404. 

Standard  specifications  United  States  government  engineer  corps,  1896. 
1897.  Eng.  News,  1898-1-230,  231,  274. 

Canadian  Society  Civil  Engineers'  specifications  for  cement.  Eng. 
News,  1903-1-129. 

Report  by  board  of  engineers  United  States  army  on  properties  and 
testing.  Eng.  News,  1901-11-183. 

Report  on  specifications  for  natural  and  Portland,  by  A.  R.  E.  &  M.  W. 
Ass'n.  Eng.  News,  1903-1-285. 

Natural  and  Portland.  Am.  Soc.  Testing  Mat.  Eng.  News,  1904-1- 
619. 

Standard  specifications  for.  (Adopted  by  Am.  Soc.  for  Test.  Mat., 
Aug.  16,  1909.)  Approved  by  A.  S.  C.  E.  and  A.  R.  E.  &  M.  W. 
Ass'n  and  Ass'n  Cement  Mfgrs.  Reference:  Amer.  Civil  Eng.  Pocket 
Book,  1st  edition,  p.  482.  "Reinforced  Concrete  Construction,"  by 
Hool.  Vol.  2,  p.  648.  "Handbook  for  Architects  and  Builders." 
Pub.  auspices  Chicago  Architects'  Business  Ass'n,  Vol.  16,  1913, 
p.  199.  Proc.  Am.  Soc.  for  Test.  Mat.,  Vol.  9,  1909  pp.  116-130; 
also  Year  Book.  "Standard  Specifications,"  by  Ostrup,  pp.  65-69. 

Standard  specifications  for  cement.  Adopted  by  the  A.  R.  E.  &  M. 
W.  Ass'n,  1905.  (Joint  committee.  A.  S.  C.  E.;  Am.  Soc.  for  Test. 
Mat.  Latest  revision,  1911,  Year  Book;  A.  I.  of  Arch.;  U.  S.  Army; 
Ass'n  Port.  Cement  Users,  and  Am.  Ry.  Eng.  Ass'n.)  Reference: 
Proc.  of  A.  R.  E.  &  M.  W.  Ass'n,  Vol.  11,  pp.  705-719.  Note: 
Committee  reports  certain  amendments  during  1910,  and  recom- 
mends revision.  Proc.  of  Ass'n,  Vol.  11.  Part  2,  pp.  956-958. 
Trans.  A.  S,  C.  E.,  Vol.  66  (1910),  p.  454;  Vol.  77  (1914),  p.  427. 
Proc.  A.  R.  E.  &  M.  W.  Ass'n,  1903,  Vol.  4,  p.  380;  1905,  Vol.  6, 
p.  704;  and  1909,  Vol.  10,  p.  1338. 

Sand-Cement  as  used  by  the  U.  S.  Reclamation  Service.  Abstract  of  paper 
by  Charles  H.  Paul  in  Proc.  Am.  Soc.  C.  E.  —  Feb.  1913.  Eng.  News, 
Vol.  69,  p.  562. 

British  standard  specifications  for  Portland.  (Issued  by  the  Engi- 
neering standards  committee  and  supported  by  the  various  institu- 


Bibliography  of  Specifications  499 

Cement— Continued. 

tions    of    Engineers.      References:     Practical    Cement    Testing,    by 
Taylor,  p.  308. 

United  States  Army  standard  specifications  for.  (Rec.  about  1902  by 
Board  of  Engineers  Officers  on  Testing  Hydraulic  Cements,  for  use 
in  the  Engineer  Dept.  U.  S.  Army.)  References:  Professional  Pa- 
pers No.  28,  Corps  of  Engineers  U.  S.  Army;  Practical  Cement 
Testing,  by  Taylor,  p.  303. 

Standard  method  of  testing  and  specifications  for  Portland.  (Recom- 
mended by  Comm.  Canadian  Soc.  C.  E.)  Reference:  Trans.  Cana- 
dian Soc.  C.  E.,  Vol.  23,  pp.  56-71. 

Cement,  lime  and  clay  products.  Standard  specifications  adopted  by 
the  American  Society  for  Testing  Materials.  Three  Specifications, 
1913  Year  Book,  pp.  254-286.  Note:  Above  book  contains  all 
standard  specifications  of  the  society,  sixty-three  or  sixty.four  in 
number. 

Testing  of  hydraulic  cements.  Adopted  by  a  Board  of  U.  S.  Engineer 
Officers  in  1901,  and  used  by  the  Engineer  Dept.  of  the  U.  S.  Army. 
Johnson,  p.  515. 

Standard  cement  as  used  by  the  U.  S.  Reclamation  Service.  Eng. 
News,  1913-1-562. 

Recommended  changes  in  Portland  cement  specifications.  By  Bureau 
of  Science  of  the  Philippine  Islands.  Eng.  News,  1913-1-298. 

Portland  specifications  for  Lackawanna  railroad.  Eng.  News,  1913-1- 
298. 

Portland  cement.  Specifications  for  leading  articles  of  same.  Pre- 
pared by  H.  Von  Schon  for  both  quick-setting  and  slow-setting 
cement.  Eng.  Rec.,  Vol.  39,  Mar.  11,  1899,  p.  332. 

Portland  cement.  British  standard  specifications  for.  (Adopted  by 
Engineering  Standards  Committee  of  Great  Britain  on  Nov.  23, 
1904.)  Eng.  News,  Vol.  53,  Mar.  2,  1905,  pp.  227-228. 

Model  specifications  and  tests  for.  (Adopted  by  the  Bureau  of  Engi- 
neering of  the  city  of  Pittsburg.  Better  for  general  concrete  work 
than  for  wearing  surface  and  cement  sidewalks.  Municipal  Engi- 
neering, Vol.  19,  July,  1900,  pp.  18-20. 

Hydraulic  cements.  Testing  of  same.  Report  Corps  of  Engineers, 
U.  S.  A.  Specifications  classified  under  purchase  tests  and  accept- 
ance tests,  rather  complete.  Eng.  Rec.,  Vol.  44,  Sept.  21,  1901, 
pp.  274-277. 

Portland  cement.  Some  comparisons  of  standard  specifications  for 
testing,  by  Duryee,  Chemist  California  Portland  Cement  Co.  Con- 
siders Russian  specifications  excellent  for  requirements  of  chemical 
composition  and  compares  same  with  specifications  of  other  coun- 
tries. Eng.  News,  Vol.  47,  Jan.  9,  1902,  pp.  23,  24. 

National  Board  Fire  Underwriters.     Eng.  News,  1906-1-588. 

United  States  government  standard.     Eng.  News,   1911-11-301. 

Delaware,  Lackawanna  &  Western  R.  R.     Eng.  News,  1913-1-185. 

Bonus  system  for  purchase  of  cement.     Eng.  News,  1913-11-281. 


500  Appendix  D 

Cement — Continued. 

British  and  American  standards  compared.  R.  W.  Lesley,  Eng.  News, 

1905-11-523. 
New  German  Standard  Specifications  for  Cement,  by  H.  Burchartz. 

Eng.  Rec.,  1910-1-819. 

Chains — 

Wrought  iron  chains.  Pennsylvania  railroad  company.  Johnson, 
p.  234. 

Chemicals — 

Miscellaneous,  Soaps  and  Chemicals,  by  R.  Hose.  Abstract  of  Penn- 
sylvania R.  R.  specifications  for  materials.  (In  practical  use  for 
several  years.  Reprint  Rec.  by  Soc.  of  Automobile  Engineers'  Stand- 
ard Committee,  1911.)  Reference:  Trans,  of  the  Soc.  of  Automobile 
Engineers.  Vol.  6,  pp.  400-445. 

Coal  and  Coke — 

Specifications  and  Proposal   for  Shipping   Coal,   by  J.   E.   Woodwell. 

Proc.  Am.  Soc.  Test.  Mat.,  Vol.  7,  1907,  p.  554. 
The   Purchase   of   Coal,    by    D.    T.    Randall.     Sampling    selection    and 

notes  on  specifications.     Trans.  A.  S.  M.  E.,  1911,  p.  313. 
Specifications  for  city  of  Chicago.     Eng.  News,  1910-11-563. 
Purchases  by  Third  Avenue  R.  R.     Eng.  Rec.  1909-11-33. 
Uniform  coal  specifications,  Chicago  Board  of  Pub.  Wks.     Eng.  Rec., 

1910-11-475. 
Coke,  specifiations  and  testing.  Eng.  News,  1912-1-657. 

Concrete — 

Report  of  joint  committee  on  concrete  and  reinforced  concrete.  (Edi- 
torial.) Eng.  News.  Vol.  G9,  p.  273. 

Specifications  for  concrete  work.  St.  Louis.  Eng.  News,  Vol.  67, 
p.  228. 

Railroad  concrete  work.  Illinois  Central  railway  company.  Johnson, 
p.  328. 

Concrete  Specifications  for  Bridge  Structures,  by  United  States  Office 
of  Public  Roads.  Eng.  Rec.,  Vol.  68,  p.  305. 

Proposed  standard  specifications  for  architectural  concrete  stone. 
(Submitted  by  Comm.  of  Nat.  Ass'n  Cement  Users  in  1911.)  Ref- 
erences: Engineering  Work  in  Town  and  Cities,  by  McCullough, 
2d  edition,  p.  239. 

Concrete  dam.  Extracts  from  specifications  for  construction  of  Ele- 
phant-Butte  Dam,  Rio  Grande  Project  of  U.  S.  R.  S.  Eng.  News, 
Vol.  69,  1913,  pp.  120-122. 

General  Specifications  for  Concrete  Bridges,  by  W.  J.  Watson,  Con- 
sulting Engineer.  82  pages,  50c.  Address  M.  A.  Vinson,  Caxton 
Bldg.,  Cleveland,  O. 

General  Specifications  for  Concrete  and  Reinforced  Concrete,  Includ- 
ing Finishing  and  Waterproofing  (1913),  by  Jerome  Cochran.  Pub. 
by  D.  Van  Nostrand  Co. 


Appendix  D  501 

Concrete — Continued. 

Standard  specifications  for  cement  hollow  blocks.  (Adopted  Jan., 
1908,  by  the  Nat'l  Ass'n  of  Cement  Users,  Philadelphia,  Pa.)  Ref- 
erences: Engineering  Work  in  Towns  and  Cities,  by  McCullough, 
2d  edition,  p.  247.  Proc.  of  the  Nat'l  Ass'n  of  Cement  Users,  Vol.  4, 
pp.  185-193. 

Standard  Specifications  for  Reinforced  Concrete,  by  Ostrup  (McGraw- 
Hill  Book  Company),  pp.  75-93. 

Standard  specifications  for  plain  and  rein'orced  concrete,  and  steel 
reinforcement.  (Adoption  recommended  by  Comm.  on  Masonry  of 
A.  R.  E.  &  M.  W.  Ass'n,  1910.)  References:  Walls,  Bins  &  Grain 
Elevators,  by  Ketchum,  2d  edition,  pp.  520-525;  Proc.  A.  R.  E.  & 
M.  V.  Ass'n,  Vol.  11,  part  2,  pp.  9G2-967;  1911  Year  Book,  pp.  188- 
194;  Manual  of  recommended  practice  of  the  same  Ass'n;  Recom- 
mended Practice  for  Designing  Reinforced  Concrete  Structures 
(adoption  recommended  by  committee  of  A.  R.  E.  &  M.  W.  Ass'n, 
1910);  Proc.  of  Ass'n,  Vol.  11,  part  2,  pp.  968-969.  See  also  Man- 
ual of  Recommended  Practice  of  the  above  association, 

Specifications  and  Design  Standards  for  Reinforced  Concrete  Struc- 
tures, by  Ernest  McCullough.  Eng.  News,  1913-1-282. 

Specifications  for  concrete  and  reinforced  concrete.  Joint  committee 
A.  S.  C.  E.,  Am.  Soc.  Test.  Mat.,  A.  R.  E.  &  M.  W.  Ass'n,  and  A. 
A.  Portland  Cement  Mfgrs.  Eng.  News,  1913-1-258. 

Reinforced  concrete  regulations  for  New  York  city  and  for  Cleveland, 
Ohio.  Eng.  News,  1912-1-98  et  seq. 

Specifications  for  floors.     Eng.  News,  1895-1-189. 

German  specifications  for  design,  constructing  and  testing  of  con- 
crete structures.  L.  L.  Moisseiff.  Eng.  News,  1905-11-478. 

Blocks,  specifications  for.  Nat'l  Ass'n  Cement  Users.  Eng.  News, 
1908-1-70.  Nat'l  Ass'n  Mchy.  Mfgrs.  Eng.  News,  1906-1-153, 

Manufacture  of,  for  hollow  walls,  F.  W.  Haglock.  Eng.  News,  1905- 
1-440. 

Concrete  slabs,  specifications  for.     Eng.   News,    1910-1-443. 

Concrete  for  new  ship  lock  at  Sault  Ste.  Marie.  Eng.  News,  1911-11- 
276. 

Specifications  and  methods  of  test.     Eng.  News,  1912-1-557. 

Concrete  specifications  for  bridge  substructure.  U.  S.  Office  of  Public 
Roads.  Eng.  Rec.,  1913-11-305. 

Atlantic  Avenue  subway,  Brooklyn.     Eng.  News,  1902-1-420. 

Aurora,  Elgin  &  Chicago  Railway  Measurement  of  Cement  and  Con- 
sistency of  concrete.  Eng.  News  1902-11-285. 

Hudson  River  tunnel  work.     Eng.  News,  1913-11-337. 

Illinois  Central  Railroad  bridges  and  culverts.  Eng.  News,  1901- 
11-44. 

Report  A.  R.  E.  &  M.  W.  Association.  Eftg.  News,  1902-1-246; 
1903-1-274,  284. 

Reservoir  lining,  Aurora,  111.     Eng.  News,  1902-1-423. 

Proportioning  concrete.     U.  S.  Navy  Dept.     Eng.  News,  1912-11-201. 


502  Appendix  D 

Concrete — Continued. 

Specifications  and  design  standards  for  reinforced  concrete  structure. 
Ernest  McCullough.  Eng.  News,  1913-1-282. 

Field  Testing  and  Inspection  on  Reinforced  Concrete  Building  Con- 
tracts, by  G.  H.  Bayles.  Paper  before  Nat'l  Ass'n  Cement  Users. 
Specifications  and  methods  of  testing.  Eng.  Rec.,  1912-1-528. 

Consistency  of  concrete.  Specifications  of  The  Concrete  Institute. 
Eng.  Rec.,  1912-1-185. 

Proposed  standards  for  measuring  concrete  construction.  Nat'l  Ass'n 
of  Gem.' Users.  Eng.  Rec.,  1912-1-387. 

Depositing  concrete  under  water.  Results  of  study  by  Committee 
of  Am.  Ry.  Eng.  Ass'n.  Eng.  Rec.,  1912-1-328. 

Specifications  and  methods  of  tests  for  concrete  materials.  Nat'l  Ass'n 
of  Cement  Users  progress  report.  Eng.  Rec.,  1912-1-349. 

Reinforced  concrete  in  New  York  City.  Regulations  adopted  in  1911. 
Eng.  Rec.,  1912-1-26. 

Specifications  for  scrubbed  concrete  surface.  Report  presented  to 
Nat'l  Ass'n  Cement  Users.  Eng.  Cont.,  Jan.  4,  1911,  p.  5. 

Standard  plans  and  specifications  for  retaining  walls,  Seattle,  Wash. 
Eng.  Cont.,  July  19,  1911,  p.  58. 

Reinforced  concrete  pipe  culverts  for  railways.  Sample  specifications 
from  various  railways.  Eng.  Cont,  Oct.  23,  1912,  p.  473. 

Methods  of  testing  for  concrete  materials.  Report  of  Committee  Nat'l 
Ass'n  of  Cement  Users.  Eng.  News,  1913-1-42. 

Specifications  and  methods  of  test  for  concrete  materials.  Eng.  Rec., 
1911-1-349. 

Specifications  and  Design  Standards  for  Reinforced  Concrete  Structures. 
Abstract  of  paper  before  111.  Soc.  Engrs.  &  Surv.  Jan.,  1913,  by  Ernest  Mc- 
Cullough. Eng  News,  Vol.  69,  p.  282. 

Reinforced  Concrete  Regulations.  Uniform  regulations  adopted  by  build- 
ing superintendents  in  five  boroughs  of  New  York  City.  Eng.  News, 
Vol.  67,  p.  98. 

See  also  "Measurement." 

Copper — 

Standard  specifications  for  copper  wire,  bars,  cakes,  slabs,  billets, 
ingots  and  ingot  bars.  Adopted,  1911.  Proc.  Am.  Soc.  Test.  Mat., 
Vol.  11,  1911,  p.  143. 

Standard  specifications  for  electrolytic  copper  wire,  bars,  cakes,  slabs, 
billets,  ingots  and  ingot  bars.  Am.  Soc.  Test.  Mat.,  Vol.  13,  1913, 
p.  218. 

Standard  specifications  for  lake  copper,  wire,  bars,  cakes,  slabs,  bil- 
lets,  ingots   and   ingot  bars.     Am.   Soc.    Test.   Mat.,   Vol.    13,    1913, 
p.  214. 
Culverts — 

Specifications  for  corrugated  metal  culverts  in  Minnesota.  From 
bulletin  by  highway  commission.  Geo.  W.  Cooley,  State  Engr. 
Eng.  Cont.,  July  1,  1914,  p.  17. 

See  also  "Concrete." 


Bibliography  of  Specifications  503 

Curb — See  "Sidewalk,  Curb  and  Gutter." 
Dams — 

Wachusett  dam,   details  of.     A.   D.   Flinn.     Eng.   News,   1900-11-177. 

The  New  Kensico  Dam  (masonry  dam),  by  A.  D.  Flinn.  Eng.  Rec., 
1912-1-772. 

Elephant  Butte  dam.     Extracts  from  specifications,  U.  S.  Reclamation 

Service.     Eng.  Rec.,  1913-1-120. 
New  regulations  governing  the  design  and  construction  of  dams.     New 

York  State  Conservation  Comm.     Eng.   Rec.,    1912-1-74. 
Abstract  of  Specifications  for  Earthen  Dam  for  McAlester,  Okla.,  by 

J.  W.  Holman.     Eng.  Cont.,  Nov.  13,  1912,  p.  547. 
Specifications  for  timber  dam  at  Hymelia  Crevasse,  La.     Eng.  Cont., 

Sept.  18,  1912,  p.  328. 

Earthen  dam  for  storage  reservoir  for  irrigation  purposes.     Johnson, 

p.  130. 
Masonry.     Kanasha    River.     Wm.    P.    Craighill,    Maj.    of    Engineers. 

Haupt,  p.  71. 

Contract.  No.  5  Soughborough,  of  the  Boston  Waterworks.  John- 
son, p.  358. 

Specifications  for  the  Arrow  Rock  dam  U.  S.  Reclamation  Service. 
Eng.  News,  1913-1-118. 

See  also  "Concrete." 
rrainagc — see  "Excavation." 
Drain  Tile — see  "Pipe." 
Karthwork — see  "Excavation." 
Electrical — General — 

Engineering  Specifications,  by  Frank  F.  Fowle  before  Armour  Inst. 
of  Tech.,  Branch  of  A.  I.  E.  E.  Discusses  the  relation  of  specifica- 
tions to  contracts  and  matters  related,  giving  three  examples  of 
specifications.  Proc.  A.  I.  E.  E.,  Sept.,  1911,  Vol.  30,  No.  9, 
pp.  2029-2047. 

Standardization  rules  of  the  A.  I.  E.  E.  (As  approved  June  27,  1911.) 
References:  Trans,  of  the  A.  I.  E.  E.,  Vol.  30,  Part  3,  p.  2539. 
Note:  Preliminary  draft  of  revised  rules  printed  in  Nov.,  1913. 
Address,  33  W.  39th  St.,  N.  Y. 

Rules  of  the  National  Electric  Light  Ass'n.  (Adopted  1891  and, 
amended  Feb.,  1892.)  References:  Electric  Lighting  Specifica- 
tions, by  Merrill.  1st  ed.,  p.  118. 

Rules  of  the  National  Board  of  Fire  Underwriters.  (Edition  of  Jan. 
1,  1895.)  Reference:  Electric  Lighting  Specifications,  by  Merrill. 
2d  ed.,  p.  154. 

Electrical  Inspection.  Section  of  review  of  City  of  Chicago,  Govern- 
ing Electrical  Inspections.  (Adopted  March  13,  1911.)  Reference: 
Handbook  for  Architects  and  Builders,  Vol.  16,  1913,  p.  165. 

Electrical  inspection.  Regulations  governing  Commonwealth  Edison 
Company's  system.  Reference:  Handbook  for  Architects  and  Build- 
ers, Vol.  16,  1913,  p.  173. 


504  Bibliography  of  Specifications 

Electrical — General — Continued. 

Protection   of  electric   service  employees,   rules   for.     Being  an   order 
of  the  New  York  Public  Service  Commission.     First  District.     Eng. 
News,  1913-1-1131. 
See  also  "Transmission  Lines." 

Klcctric  Generators  and  Motors — 

Specifications  for  Performance  and  Ratings  of  Generators  and  Motors, 
by  W.  L.  Waters.  Notes  and  points  on  operating  requirements.  N. 
E.  L.  A.  Thirty-second  convention,  Vol.  11,  1909,  p.  443. 

Electric  generators.  St.  Charles  St.  Railroad  Co.,  New  Orleans,  La. 
Johnson,  p.  4 14. 

A.  C.  Generator.  Typical  Specification  for  an  Alternating  Current 
Generator,  "Electrical  Machine  Design,"  by  Gray.  pp.  312-314. 

D.  C.  Generator.  Typical  Specification  for  a  Direct  Current  Generator, 
"Electrical  Machine  Design,"  by  Gray,  pp.  153-155. 

Induction  Motors.  Typical  Specifications  for  a  Large  Induction  Mo- 
tor, "Electrical  Machine  Design,"  by  Gray,  pp.  422-424. 

Standardization  rules  A.  I.  E.  E.  Performance  specifications  and 
tests.  A.  I.  E.  E.,  Vol.  24,  1907,  Part  II,  p.  1799. 

Parallel  operation  of  alternating  current  generators.     Engine  require- 
ments.    Specifications  of  Westinghouse  El.  &  Mfg.  Co.     E.  M.  Ting- 
ley  and  H.  E.  Longwell.     Eng.  News,  1902-1-498. 
Electric  Insulators — 

Testing  of  and  proposed  standard  specifications.  C.  E.  SL inner.  Eng. 
News,  1908-11-44. 

Specifications  covering  inspection  and  tests  of  high  tension  line  insu- 
lators of  porcelain  for  over  25,000  volts.  Committee  report.  Proc. 
A.  I.  E.  E.,  Oct.  1914. 

Specification  and  Analytical  Procedure  for  30  per  cent.  Hevea  Rubber  In- 
sulating  Compound.     Report   of   Joint   Rubber   Insulation    Committee, 
1913.     Reprinted  by  Simplex  Wire  and  Cable  Co.,  Boston,  Mass. 
Electric  Lighting — 

Requisites  of  modern  lighting  generator  sets,  H.  G.  Reist.  Eng. 
News,  1900-11-423. 

Electric  Lighting.  Rules  and  requirements  of  the  New  England  In- 
surance Exchange  for  electric  lighting.  (Adopted  Sept.  27,  1890. 
Revised  in  conjunction  with  Cornm.  from  New  England  Electric  Ex- 
change.) References:  Electric  Lighting  Specifications,  by  Merrill, 
1st  ed.,  p.  154. 

Electric  street  lighting  plant.  Specifications  for  arc  system  drawn  up 
for  City  of  Toronto,  Out.,  by  the  city  engineer.  Large  Plant.  Few 
specifications  for  work  of  this  kind  published.  Eng.  News,  Vol.  32, 
Aug.  23,  1894,  pp.  148,  149. 

Street  lights  standard  specifications  for.     Editorial.     Eng.  Rec.,  1913 
11-595. 

Street  Lighting  by  arc  lamps,  specifications  for.  Used  for  street  arc 
lights  in  Oswego,  N.  Y.  Of  some  practical  interest.  Eng.  News, 
Vol.  33,  April  11,  1895,  p.  234. 


Appendix  D  505 

Electric  Lighting — Continued. 

Electric  lamps.  Abstract  of  Pennsylvania  R.  R.  specifications  for 
materials.  (In  practical  use  for  several  years.  Reprinted  record,  by 
Soc.  of  Automobile  Engineers  Standard  Committee,  1911.)  Ref- 
erence: Trans,  of  the  Soc.  of  Automobile  Eng.,  Vol.  C,  pp.  400-445. 

Installation  of  an  electric  lighting  station  in  a  small  city.     Johnson, 

p.   254. 
Electric  Railway  and  Miscellaneous — 

Machinery  and  track  construction  of  an  electric  railway.  St.  Charles 
St.  Railroad  Co.  Johnson,  p.  404. 

Track  and  overhead  construction  for  an  electric  railway  in  a  country 
town.  American  Society  of  Civil  Engineers.  Johnson,  p.  429. 

Transformers.  Standard  Specification  for  Oil  Immersed,  Self-Cooled 
Transformers,  ''Electrical  Machine  Design,"  by  Gray,  pp.  494-496. 

Railway  Signal  Association  standard  specification  for  switch  boards. 
Proc.  Ry.  Signal  Ass'n,  1911,  Vol.  8,  p.  319. 

Electrical  signal  service.  Various  comm.  reports  and  discussions  on 
same.  Recommended  specifications,  requisites  and  rules  of  the  Rail- 
way Signal  Ass'n.  "Journal  of  the  Railway  Signal  Ass'n,"  Vol.  9, 
1912. 

See  also  "Transmission  Lines." 
Engines — see  "Steam  Engine." 
Excavation — 

General  specification  for  construction  of  open  drainage  ditches.  Office 
Exp.  Station,  U.  S.  Dep't  Agric.  Eng.  Cont.,  July  5,  1911,  p.  21. 

Preparation  and  Enforcement  of  Drainage  Specifications,  by  J.  L. 
Parsons.  Eng.  Cont.,  Dec.  27,  1911,  p.  692. 

Specifications  for  tunnel  excavation.  A.  R.  E.  &  M.  W.  Ass'n,  1905. 
Vol.  6,  p.  125. 

Notes  on  Specifications  for  Earthwork  in  Railway  Construction.  Pa- 
per before  Am.  Soc.  Eng.  Cont.,  by  J.  H.  Bacon.  Eng.  Cont.,  Feb. 
23,  1910,  p.  175. 

Grading.  Railroad  grading  used  by  the  Pennsylvania  Railroad.  John- 
son, p.  123. 

Grading.     Falls  Drive,  Philadelphia.     Haupt,  p.  147. 

Excavations  under  water.  Used  by  Col.  O.  M.  Poe,  U.  S.  Army.  John- 
son, p.  126. 

Specifications  for  excavations.  In  use  by  U.  S.  Reclamation  Service. 
"Principles  of  Irrigation  Engineering,"  by  Newell  and  Murphy, 
pp.  50-52. 

Standard  Plans  and  Specifications  for  Grading  in  Seattle,  Wash.,  by 
R.  H.  Thomson.  Eng.  Cont.,  July  5,  1911,  p.  7. 

Plowing  as  a  test  of  classification.     Eng.  Rec.,  1909-1-366,  488. 

Plow  test  for  classification.     J.  A.  Fulton.     Eng.  News,  1904-1-179. 
.   Classification    of   excavation    and    embankment.     Eng.    Rec.,    1907-1- 
316,   323. 

Classification   of  excavated   material.     Eng.   Rec.,   1903-1-274,   347. 


506  Appendix  D 

Excavation — Continued. 

Dispute  over  grading  classification.  Legal  decision  Minnesota  su- 
preme court.  Eng.  Rec.,  1911-II-7GO. 

Grading,  masonry,  bridges  and  rails  as  used  on  Cincinnati  Southern 
Ry.  Haupt,  p.  164. 

See  also  "Measurement;"  "Railways;"   "Tunnel." 

Excavation,  Dredging — 

Measurement,   comparison   of  place  and   scow.     Eng.    News,    1904-11- 

197. 
Typical  specifications   for  dredge  work   in   alluvial   land   drainage  of 

Mississippi  valley,  by  Morgan  Eng.   Co.     Eng.   Cont.,   Oct.    4,   1911, 

p.  357. 
See  also  "Measurement." 

Embankments  and  Revetments — 

Brush  mattress  work.     E.  P.  Linderman.     Eng.  News,   1912-1-672. 

Soil  binders  for  protecting  embankment  from  erosion.  Eng.  News, 
1912-11-74. 

Rubble  lake  embankment,  Rutland  Canadian  R'y.  J.  W.  Burke.  Eng. 
News,  1903-1-48. 

Building  levees  to  confine  flood  waters.  State  of  Louisiana  for  build- 
ing levees  on  the  banks  of  the  Mississippi  river.  Johnson,  p.  356. 

Fences — 

Specifications  or  standard  right-of-way  fences.  Committee  report 
covering  material  and  workmanship.  A.  R.  E.  &  M.  W.  Ass'n,  1906- 
Vol.  7,  p.  451;  1911,  Vol.  12,  p.  123. 

Floors- 
Specifications    for    composite    floor    with    tar    concrete    base.     Prac- 
tice of  Lockwood,   Green   &   Co.,   Architects.     Eng.   Cont.,   June   1, 
1910,  p.  493. 
Specifications    for    waterproofing    solid    steel    floor    railroad    bridges. 

S.  T.  Wagner.     Proc.   A.   S.   C.   E.,  Vol.   XL,   p.    2943;    Eng.    Cont., 
Jan.  27,  1915,  p.  79. 
See   also   "Bridge;"    "Water   Proofing;"    "Concrete." 

Flying  Machine — 

Signal  Corps  specifications  for  a  heavier  than  air  flying  machine. 
Trans.  A.  S.  M.  E.,  Vol.  30,  1908,  p.  686. 

Frogs  and  Switches — 

Specifications  for  frogs  and  switches.  Progress  committee  report. 
A.  R.  E.  &  M.  W.  Ass'n,  1909,  Vol.  10,  p.  409. 

Specifications  for  spring  and  rigid  frogs.  Committee  report.  Ma- 
terial and  workmanship.  A.  R.  E.  &  M.  W.  Ass'n,  1910,  Vol.  11, 
p.  936. 

Galvanizing — 

Galvanizing.  Specifications  for  galvanizing  for  iron  or  steel.  Ap- 
pendix C.  to  specifications  for  overhead  crossings  for  electric  light 


Bibliography  of  Specifications  507 

Galvanizing — Continued. 

and  power  lines,  proceedings  of  technical  societies  Chicago,  June, 
1913  (3Gth  annual  convention).  Reference:  Nat.  Elec.  Light 
Ass'n,  pp.  581-583. 

Garbage  Reduction — 

Specification    for    furnace    at    navy    yard,    League    Island,    Pa.     Eng. 

News,  1902-1-5. 
Specification  for  garbage  disposal,  New  York  city.     Eng.  News,  1913- 

11-267. 

Gasoline — 

Specification  for  gasoline  for  internal  combustion  motors.  Paper 
before  Am.  Soc.  Test.  Mat.,  by  Dr.  A.  Sommer.  Eng.  Rec.,  1910- 
11-166,  and  Proc.  Am.  Soc.  Test.  Mat.,  Vol.  10,  1910,  p.  460. 

Grade  Crossings — 

Buffalo,   New  York,   specifications   for  crossings.     Eng.   News,    1895- 

1-195. 
Grade  crossings  in  paved  streets.     Report  Am.  Ry.  E.  &  M.  W.  Ass'n. 

Eng.  News,  1909-1-308. 
Gravel- 
Specifications    for   ballast.     Report   Am.    Ry.    &   M.    W.    Ass'n.     Eng. 

News,  1903-1-285. 
Standards  in  United  States,  Canada  and  Mexico.     Eng.  News,   1900- 

11-142. 
Filter   gravel   and   sand.     Albany   Water   Filtration   Plant.     Johnson; 

p.  294. 
See  also  "Ballast." 

Gutter — 

See  "Sidewalk,  Curb  and  Gutter." 

Harbor  and  River  Improvement — 

Harbor  and  river  improvements.     Cedar  Keys,  Fla.     A.   N.   Damrell, 

Capt.  U.  S.  Engrs.     Haupt,  p.  55. 
Stone   breakwater.     Block   Island,   Rhode   Island.     G.   K.   Warren,   U. 

S.  Engr.     Haupt,  p.  57. 
Breakwater  of  crib-work.     Cleveland  breakwater.     C.  E.  Blunt,  Lieut. 

Col.   of  Engineers.     Haupt,   p.   59. 
Iron  landing  pier.     Lewes,  Delaware.     Haupt,  p.   61. 
Removing    snags,    etc.     Minnesota    river.     F.    U.    Farquhar,    Maj.    of 

Engineers.     Haupt,  p.  63. 
Removing    rock.     East   river    and    Hell    Gate,    N.    Y.     John    Newton, 

Lieut.  Col.  Engineers.     Haupt,  p.  58. 
Canal    locks.     Tennessee    river.     W.    R.    King,    Capt.    of    Engineers. 

Haupt,  p.  64. 

Light  house.     New  Haven,  Conn.     Haupt,  p.  77. 
Also  see  "Embankments  and  Revetments." 

Highway — 

See  "Pavement  and  Road  Construction." 


508  Bibliography  of  Specifications 

Hydrants — 

Mill  hydrant  specification.  Nat'l  Fire  Prot.  Ass'n.  Eng.  News,  1901- 
1-455. 

Proposed  standard  specifications  for  post  hydrants.  Committee  re- 
port to  N.  E.  W.  W.  Ass'n.  Eng.  Cont.  May  8,  1912,  p.  530. 

Standard  specifications  for  water  works  hydrants  and  valves. 
Adopted  by  Am.  W.  W.  Ass'n.  Eng.  News,  Aug.  7,  1913,  p.  265. 

Proposed  standard  specifications  for  post  hydrants.  (Final  Report 
of  Comm.  Presented  at  Jan.,  1912,  meeting  of  association.)  Ref- 
erence: Journal  New  England  W.  W.  Ass'n,  Vol.  2G,  No.  1,  1912, 
p.  77. 

Water  works  hydrant  and  valves;  standard  specifications  for,  edited 
by  American  Water  Works  Association,  June,  1913.  Eng.  News, 
Vol.  70,  p.  265. 

I  Humiliation — 

Desirability  of  standard  specifications  for  street  lighting.     Eng.  Rec., 

1913-1-595. 
See  also  "Electric  Lighting." 

Iron  and  Steel — 

Iron  and  steel,  classification  of.  Classification  and  definitions  of 
above  materials  as  given  by  Wm.  Kent  in  1883  in  expert  testi- 
mony. Good  classification  and  clear  definition  of  technical  mean- 
ing of  commercial  forms.  Railroad  and  Engineering  Journal,  Vol. 
61,  April,  1887,  pp.  155-158. 

Abstract  of  Pennsylvania  R.  R.  specifications  for  materials.  (In 
practical  use  for  several  years.  Reprint  rec.  by  Soc.  of  Automo- 
bile Standards  Committee,  1911.)  Reference:  Trans,  of  the  Soc. 
of  Automobile  Engineers,  Vol.  6,  pp.  400-445. 

Axles 

Locomotive   axles  and   forgings.     Eng.   News,    1903-11-20. 

Steel    Axles — Manufacture    and    Specifications,    by    J.    L.    Replogle. 

Eng.    News,    1904-1-471. 
Standard   specifications   for   steel   axles.     Proc.    Am.    Soc.    Test.    Mat., 

Vol.   5,   1905,  p.   56. 
Standard  specifications  for  heat-treated  carbon  steel  axles,  shafts  and 

similar   parts.     (Adopted   1911.)     Proc.   Am.    Soc.    Test.   Mat.,   Vol. 

11,  1911,  p.  63. 
Standard    specifications    for    cold-rolled    steel    axles.     Am.    Soc.    Test. 

Mat.,  Vol.   13,   1913,  p.   156. 

Bearing  Balls  and  Rollers 

Specifications  for  ball  bearings  for  large  sluice  gates  and  gate  valves. 

Coffin  Valve  Co.     Eng.  News,  1902-1-390. 
Roller  steel  for  railway  bridges.     Report  of  A.  R.  E.  &  M.  W.  Ass'n. 

Eng.  News,  1902-1-282. 


Appendix  D  509 

Boiler  Plate  and  Rivet  Steel 

Comparison  of  various  railway  standards.     Eng.   News,    1897-1-44. 
Specifications   for   boiler   plate,    rivet   steel,    steel   castings   and    steel 

forgings.     Report  of  committee,   with   discussion.     Trans.   A.   S.   M. 

E.,  Vol.  23,  1902,  p.  632;  revise  in  Vol.  24,  1903,  p.  921,  and  Vol. 

25,  1904,  p.  321. 
Standard  specifications  for  open  hearth,  boiler  plate  and  rivet  steel. 

Proc.  Am.  Soc.  Test.  Mat.,  Vol.  9,  1909,  p.  62. 
Standard   specifications   rivet   steel   for   ships.     Am.    Soc.    Test.    Mat., 

Vol.   13,    1913,  p.   148. 
Specifications  for  boiler  plate  steel   (similar  to  Am.  Soc.  Test.  Mat.). 

Am.  Soc.  M.  E.,  Vol.  36,  1914,  p.  985. 
Standard    specifications    for    boiler    plate,    rivet    steel,    steel    castings 

and   steel   forgings.     (Submitted   by   the   committee   at  Amer.   Soc. 

of  Mechanical  Engineers,   1903  or  1904.)     See  Trans.  A.  S.  M.   E., 

Vol.  25,  p.  322. 

Structural   and   boiler   steel    specifications    of   American    steel    manu- 
facturers.    Recent  revision  of  standards  used.     Iron  Age,  Aug.   22, 

1912,  Vol.   90,  pp.   409-411. 

Fire  Box  Steel — Failures  and  Specifications.     Abstract  of  paper  before  Am. 
Soc.  Test.  Mat,  by  M.  H.  Wickhorst.     Eng.  News,  Vol.  56,  p.  76. 

Castings  and  Forgings 

Specifications  for  boiler  plate  rivet  steel,  steel  castings  and  forgings. 

Report  of  committee.     Trans.  A.  S.   M.  E.,  Vol.   23,   1902,  p.   632; 

Vol.  24,  1903,  p.  921;   Vol.  25,  1904,  p.  321. 
Standard  specifications  for  steel  castings  and  forgings.     Proc.  Am.  Soc. 

Test.  Mat.,  Vol.  5,  1905,  pp.  53,  59. 
Standard  specifications  for  malleable  castings.     Proc.  Am.  Soc.  Test. 

Mat.,  Vol.   4,   1904,  p.   95. 
Standard  specifications  for  blooms,  billets  and  slabs  for  carbon  steel 

forgings.     Proc.  Am.  Soc.   Test.   Mat.,  Vol.   13,   1913,  p.   16G. 
Review  of  various   specifications   for   C.   I.   and   steel   casting.     Com- 
mittee report  tabulated  summary.     A.  R.  E.  &  M.  W.  Ass'n,  1905- 

6-32. 
Specifications  for  Steel  Castings,  by  Henry  Souther,  Chm.  Standards 

Comm.  for  Soc.  of  Automobile  Engineers,  1910.     Reference:     Trans. 

of   Soc.   Automobile   Engineers,   Vol.    5,   pp.    168-175.     Note:     For 

notes  and  instructions  referring  to  above,  see  same  Vol.,  pp.   176- 

202. 

See  also  "Castings." 

Cold  Drawn  Steel 

Tentative    specifications    for    cold-drawn    steel;    Bessemer    and    open 
hearth  automatic  screw  stock.     Proc.  Am.  Soc.  Test.  Mat.,  Vol.  13, 

1913,  p.  191;  also  Vol.  14,  1914,  p.  174. 

Malleable  Iron 

Specifications    for    Malleable    Iron,    by    Henry    Souther,    Chm.    Stand- 
#rds    Comm,    for    Society    of    Automobile    Engineers,    1910.     Het- 


510  Appendix  D 

Iron  and  Steel — Continued. 

erence:     Trans,    of   the   Society   of   Automobile   Engineers,   Vol.    5, 
pp.    168-175.     Note:     For    notes    and    instructions    referring    to 
above,  see  same  Vol.,  pp.  176-202. 
See  also  "Wrought  Iron." 

Pig  Iron 

Specifications  or  code  for  ordering  and  sampling  pig  iron.  Report 
Am.  Soc.  Test.  Mat.,  Eng.  News,  1909-11-56;  Proc.  Am.  Soc.  Test. 
Mat.,  Vol.  9,  1909,  p.  111. 

Proposals  for  international  export  specifications  for  pig  iron.  Proc. 
Am.  Soc.  Test.  Mat.,  Vol.  14,  1914,  p.  154. 

Railroad  Rails 

Manufacturers'  standard  specifications  for  steel  rails.  (Adopted 
Jan.  1,  1899.)  Reference:  Carnegie  Steel  Co.'s.  Handbook,  1903, 
p.  229.  Ass'n  Am.  Steel  Mfgs.  issued  standard  specifications  in 
Jan.,  1909.  See  Leaflets,  Carnegie  Steel  Co. 

Standard  Rail  Specifications.  Comparison  of  American  Specifica- 
tions— Steel  Rails,  by  Sellew,  Prin.  Asst.  Engineer  Michigan  Cen- 
tral R.  R.,  pp.  463-500  (D.  Van  Norstrand  Co.).  Also  contains 
full  bibliography  of  rail  specifications. 

Comparative  rail  specifications.  (Specifications  of  five  different  so- 
cieties or  associations  compared.)  Railroad  Age  Gazette,  1909, 
Vol.  46,  pp.  1066-1071. 

Specifications  for  carbon  steel  rails.  Proc.  Am.  Ry.  Engineering 
Ass'n,  1912,  Vol.  13,  p.  565. 

New  specifications  for  steel  rails  adopted  by  the  A.  R.  E.  &  M.  W. 
Ass'n,  Iron  Age,  Vol.  89,  p.  816. 

Specifications  for  Steel  Rails,  by  Robert  Job,  Chemist  of  Philadel- 
phia and  Reading  Ry.  Co.  Gives  discussion  of  composition  as  well 
as  manufacture  of  material.  Also  copy  of  specifications  of  above 
railway  company.  American  Engineer  and  Railroad  Journal,  Oct. 
1902,  pp.  310-311. 

Sixty-pound  iron  rails.  Cincinnati  Southern  Railroad  Company, 
Haupt,  p.  177. 

Specifications  Heavy  Rails  Made  West  of  Alleghenies,  by  R.  W.  Hunt. 
Eng.  News,  1895-11-252. 

New  York  Central  standard.     Eng.  News,  1893-11-300. 

Am.  Soc.  Testing  Materials,  discussion  of  changes  in  specifications. 
Eng.  News,  1902-1-511. 

Specifications  for  Bessemer  steel  rails  of  the  A.  R.  E.  &  M.  W.  Ass'n. 
Eng.  News,  1904-1-275. 

Chemical  Specification.     R.   W.   Hunt.     Eng.   News,    1900-11-68. 

Specifications  International  Ass'n  for  Testing  Materials.  Eng.  News, 
1901-11-11. 

Report  A.  R.  E.  &  M.  W.  Ass'n.  Process  and  chemical  properties 
for  rails,  Eng.  News,  1902-1-244, 


Bibliography  of  Specifications  511 

Iron  and  Steel — Continued. 

American  Inst.   Mining  Engrs.   proposed  standard  specifications.     W. 

R.   Webster.     Eng.   News,    1901-1-352. 
Rail  sections — British  standard  and  a  comparison  of  American  and 

British   sections.     Eng.   News,   1905-11-84. 
Canadian  Pacific  Ry.  specifications  for  85-pound  rail.     F.  P.  Gutelius. 

Eng.  News,  1909-1-272. 
Specifications   reported    by   A.    R.    E.    &    M.    W.    Ass'n.     Eng.    News, 

1910-1-375,   384. 
American  Railway  Ass'n  specifications  for  Bessemer  and  open-hearth 

steel  rails.     Eng.  News,   190 8-1-531. 
American  Railway  E.  &  M.  W.  Ass'n.     Wearing  quality  and  freedom 

from  breakage.     Eng.  News,  1905-1-337. 
American   Society   f!.   E.   recommendations   for   Bessemer   steel   rails. 

Eng.  News,  1908-1-105. 
American    Society    for    lest.    Mat.    proposed    standard    specifications. 

Eng.  News,  1906-1-726;    1907-II-8;    1907-11-18;    1908-11-22. 
Pennsylvania  Railroad  specifications.     Eng.  News,  1908-1-426;   1909- 

1-50. 

Specifications   and   rail   breakage.     H.    M.    Howe.     Eng.   News,    1912- 

1-660. 
Standard    specifications    for   steel    rails.     Am.    Soc.    Test.    Mat.     Eng. 

Rec.,  1907-1-774. 
Standard   specifications   for  steel   rails.     Proc.   Am.    Soc.   Test.    Mat., 

Vol.  7,  1907,  p.  44;  Vol.  8,  1908,  p.  44. 
Standard    specifications    for    Bessemer    steel    rails.     Proc.    Am.    Soc. 

Test.  Mat.  Vol.  9,  1909,  p.  62. 
Standard   specifications  for  open-hearth   steel   rails.     Proc.   Am.   Soc. 

Test.  Mat,  Vol.  9,  p.  66,  and  Year  Book  1915. 
See  also  "Rails." 

Railway  Rolling  Stock 

Standard  Specifications  for  locomotive  cylinders.  Proc.  Am.  Soc. 
Test.  Mat.,  Vol.  4,  1904,  p.  69. 

Standard  specifications  for  steel  tires.  Proc.  Am.  Soc.  Test.  Mat., 
Vol.  9,  1909,  p.  58. 

Standard  specifications  wrought  and  solid  carbon  steel  wheels  for  elec- 
tric railway  service.  Proc.  Am.  Soc.  Test.  Mat.,  p.  160,  Vol.  13,  1913. 

See  also  "Cars;"  "Locomotive,"  etc. 

Reinforcing  Bars 

Standard  specifications  for  steel  bars.     Eng.  News,   1910-1-704. 
Reinforcing   bars,    proposed   standard.     T.    L.    Condron.     Eng.    News, 

1911-11-73,  87,  150. 
Standard   specifications   for   reinforcing   bars   of   Ass'n   of   American 

Steel  Mfgrs.     Eng.  Cont.,  June  1,  1910,  p.  492. 
Abstract    embodying    portions    applicable    to    concrete    reinforcement 

from  the  standard  specifications  for  structural  steel.     Adopted  by 

A.  R.  E.  &  M.  W.  Ass'n.     Trans.  A.  S.  C.  E.,  Vol.  66,  1910,  p.  459. 


512  Bibliography  of  Specifications 

Iron  and  Steel — Continued. 

Specifications  for  metal  reinforcement.  Progress  report  special  com- 
mittee on  concrete.  Trans.  A.  S.  C.  E.,  Vol.  77,  1914,  p.  430. 

Standard  specifications  for  metal  reinforcement.  (Adopted  Mar.  16, 
1910,  by  American  R.  E.  Ass'n.)  References:  Reinforced  Con- 
crete Construction,  by  Hool,  Vol.  2,  p.  652,  1911.  Year  Book  of 
A.  R.  E.  Ass'n,  pp.  188-190. 

Standard  specifications  for  steel  reinforcing  bars.  (Adopted  by  Amer- 
ican Soc.  for  Test.  Mat.,  June  1,  1912.)  References:  Handbook 
for  Architects  and  Builders,  published  under  auspices  Chicago 
Architects'  Business  Association,  Vol.  16,  1913,  p.  197.  Proc.  Am. 
Soc.  for  Test.  Mat,  Vol.  11,  1911,  p.  66;  Vol.  12,  1912,  p.  161-169.  Note: 
Revision  Aug.  23,  1913;  Proc.  Vol.  13,  1913,  p.  153;  also  1913  Yearbook, 
pp.  80-83. 

Splice  Bars  and  Stay  Bolts 

Standard   specifications   for   steel   splice   bars.     Proc.   Am.    Soc.    Test. 

Mat.,  Vol.  9,  1909,  p.  56,  and  Vol.  13,  1913,  p.  131. 
Proposed   standard   specifications   for   staybolt   iron.     Proc.   Am.   Soc. 

Test.  Mat.,  Vol.  7,  1907,  p.  157,  and  Vol.  10,  1910,  p.  93. 
Manufacturers  standard  specifications  for  steel  splice  bars.     (Adopted 

Jan.  1,  1899.)     References:     Carnegie  Steel  Co.'s  Handbook,    1903, 

p.   231.) 

Spring  Steel 
Specifications   for   spring   steel.     Proc.    Am.    Soc.    Test.    Mat.,   Vol.    7, 

1907,  p.    198. 

Structural  Steel 

Standard    American    specifications.     Eng.    News,     1900-1-322. 

Table  of  grades  steel  for  bridges  and  buildings  in  some  countries 
that  have  adopted  standards.  Eng.  News,  19 02-1-5 1C. 

Table  of  tensile  strength  and  elongation  of  steel  used  on  notablp 
bridges.  Eng.  News,  1902-1-516. 

Material  workmanship  for  steel  structures  Am.  R.  E.  &  M.  W.  Ass'n. 
Eng.  News,  1913-1-274,  283. 

Desirability  of  standard  specifications  for  bridge  and  ship  steel.  Eng. 
News.  1907-1-622. 

Specifications  for   and   tests  of  steel.     Eng.   News,    1912-1-658. 

American  Bridge  Co.  Radical  innovations  in  steel  work  specifica- 
tions. Eng.  News,  1913-1-364. 

Standard,  for  bridges,  ships,  forgings  and  rails  of  Am.  Soc.  Test. 
Mat.  Eng.  News,  1901-11-11,  12,  56;  1902-1-355. 

Specifications  for  steel  street  bridging  and  station  building,  Penn- 
sylvania R.  R.  Terminal,  New  York.  Trans.  A.  S.  C.  E.,  Vol.  G9, 
p.  214,  1910. 

Standard  specifications  for  structural  steel  for  bridges.  Proc.  Am.  Soc. 
Test.  Mat.,  Vol.  9,  1909,  p  37. 


Bibliography  of  Specifications  513 

Iron  and  Steel — Continued. 

Standard  specifications  for  structural  steel  for  buildings.  Proc.  Am. 
Soc.  Test.  Mat.,  Vol.  9,  1909,  p.  47. 

Standard  specifications  for  structural  steel  for  ships.  Proc.  Am.  Test. 
Mat.,  Vol.  9,  1909,  p.  42,  and  Vol.  13,  1913,  p.  143. 

Steel  framework  of  buildings.  Standard  specifications.  By  Ostrup 
(McGraw-Hill  Book  Company),  pp.  1-12. 

Specifications  for  material  and  workmanship  for  steel  structures. 
(Adopted  by  American  Railway  &  Maintenance  of  Way  Ass'n.) 
Reference:  "Walls,  Bins  and  Grain  Elevators,"  by  Ketchum,  p.  536. 

Specifications  for  steel  structures,  design,  details  of  construction 
and  workmanship.  (Adopted  by  the  American  Bridge  Company.) 
Reference:  Pamphlet — Specifications  and  Tables  for  Steel  Framed 
Structures,  Am.  Bridge  Co.  of  New  York,  Chicago  edition,  1913. 

New  specifications  for  structural  steel  work.  Issued  by  the  Amer- 
ican Bridge  Company.  Eng.  Rec.,  Vol.  67,  p.  264. 

New  specifications  for  -steel  work  of  buildings.  Editorial,  Eng.  Rec., 
Vol.  67,  p.  254. 

Specifications  for  Steels,  by  Henry  Souther,  Chm.  Standards  Comm. 
for  Soc.  of  Automobile  Engineers,  1910.  For  notes  and  instruc- 
tions referring  to  above,  see  Vol.  5,  pp.  176-202. 

Abstract  of  Pennsylvania  Railroad  specifications  for  materials.  (In 
practical  use  for  several  years.  Reprint  rec.  by  Soc.  of  Automo- 
bile Engineers'  Standard  Committee,  1911.)  See  S.  A.  E.,  Vol.  6, 
pp.  400-445. 

Three  radical  innovations  in  new  steel  specifications.  Eng.  News, 
Vol.  69,  p.  364. 

Wrought  iron — specifications  and  tests  for.     Eng.  News,  1912-1-657. 

Standard  specifications  for  wrought  iron.  Proc.  Am.  Soc.  Test. 
Mat.,  1901,  Vol.  1,  p.  231;  Vol.  13,  1913,  p.  185. 

Kerosene — 

Necessary  reforms  in  specifications  for  kerosene  illuminating  oil. 
Paper  before  Am.  Soc.  Test.  Mat.,  by  Dr.  A.  Sommer.  Eng.  Rec., 
1910-11-166;  Proc.  Am.  Soc.  Test.  Mat.,  Vol.  10,  1910,  p.  463. 

Lathing — 

New  York  Bureau  of  Buildings.     Rules  for  lathing  and   plastering. 

Eng.   News,   1912-11-268. 
See  also  "Buildings." 
Lime — 

Proposed  specifications  for  lime,  both  hydrated  and  quick  lime.     Am. 

Soc.  Test.  Mat,  Vol.  13,  1913,  p.  315;  Vol.  14,  1914,  p.  214. 
Hydrated  lime,  tests  and  specifications.     R.   K.   Meade.    Eng.   News, 

1911-1-557. 
Lime  for  water  purification.     W.  F.  Monfort.     Eng.  News,   1912-11- 

889. 
Recommended   clauses   for  purchase  of  lime   for   water  purification. 

Paper   before   Central   States  W.   Wks.    Ass'n,   by   W.   F.   Monfort. 

Eng.  Cont.,  Nov.  13,  1912,  p.  547. 


514  Appendix  D 

Lime— Continued. 

Proposed  standard  specifications  for  lime.  Proc.  Am.  Soc.  Test. 
Mat.,  Vol.  13,  1913,  p.  315. 

Lightning  Protection — 

Specifications  for  protection  of  buildings.  Report  Nat'l  Fire  Protec- 
tion Ass'n.  Eng.  News,  1906-1-577. 

Locks,  Canal — 

See  "Canal  Locks;"  "Concrete;"  "Masonry." 

Locomotive — 

Locomotive:     American  Pattern,  Haupt,  p.   187. 

Locomotive:  Mogul  Pattern,  for  Dom  Pedro  Sogundo  Railway  of 
Brazil,  Haupt,  p.  186. 

Locomotive:  Lehigh  Valley  R.  R.  Consolidation  Pattern,  Haupt, 
p.  184. 

Schenectady  Locomotive  Work's  specifications  for  eight-wheel  loco- 
motive engine  furnished  Purdue  University  about  the  year  1891 
or  1892.  Locomotive  Performance,  by  Gross,  pp.  47-49. 

See  "Iron  and  Steel — Railway  Rolling  Stock;"  "Axles;"  "Tires." 

Machine  Tools — 

Specifications  of  Penn.  R.  R.  &  Am.  Br.  Co.     Eng.  News,  1904-1-440, 

455. 
Requirements  in  up-to-date  shops,  lathes  and  screw  machines.     John 

Ashford.     Eng.  News,  1901-1-179. 

Manholes — see  "Sewer." 

Maps — 

Specifications    for    railway    maps.     Cal.    State    R.    R.    Comm.     (Ed.) 

Eng.  News,   1912-1-1237. 
Specifications  for  Railway  Maps.     Cal.  State  R.  R.  Comm.,  by  R.  A. 

Thompson.     Eng.  News,   1912-11-120. 

Masonry — 

Abstract  of  Report  to  Am.  Ry.  &  M.  W.  Ass'n.  Eng.  News,  1902-1- 
245. 

Masonry  piers  East  River  Bridge,  N.  Y.     Eng.  News,  1901-1-454. 

Specifications  for  Work  and  Materials,  by  A.  D.  Flinn.  Eng.  News, 
1912-1-776. 

Recommended  standard  specifications  for  stone  masonry.  (Adopted 
by  the  Amer.  Ry.  Engineering  Ass'n,  1908.)  References:  "Walls, 
Bins  &  Grain  Elevators,"  by  Ketchum,  2d  edition,  p.  531.  "A 
Treatise  in  Masonry  Construction,"  by  Baker,  pp.  729-732.  Proc. 
Amer.  Ry.  Eng.  &  M.  W.  Ass'n,  Vol.  9,  pp.  650-655,  659.  Late  Re- 
vision 1911  Year  Book,  pp.  183-188. 

Masonry  of  railroad  bridge  over  street.  Pennsylvania  R.  R.,  Pitts- 
burg,  Pa.  Joseph  M.  Wilson,  Engineer  Bridges.  Haupt,  p.  139. 

Bridge:  Girard  Ave.,  Philadelphia.  Joseph  M.  Wilson,  Engineer 
Bridges.  Haupt,  p.  144. 

First  class  bridge  masonry.     Johnson,  p.   157. 


Bibliography  of  Specifications  515 

Masonry — Continued. 

Specifications  used  by  the  Pennsylvania  Railroad  Company.  John- 
son, p.  148. 

Stone  bridge  masonry  used  by  the  Chicago,  Milwaukee  &  St.  Paul 
Railway.  Johnson,  p.  145. 

General  specifications  for  Kensico  Dam  of  Board  of  Water  Supply  of 
New  York  City.  Eng.  News,  Vol.  67,  1912,  pp.  776-779. 

Large  stone  dam.  New  Croton  dam,  New  York  City.  Johnson, 
p.  151. 

See  also  "Concrete;"  "Canal  Locks;"  "Rock." 
Measurements — 

Proposed  method  for  the  measurement  of  concrete  construction.  Com- 
mittee Report  Nat'l  Ass'n  of  Cement  Users.  Eng.  News,  Vol.  67, 
p.  577.  Eng.  Ren.  Vol.  65,  p.  387. 

Measurement  rules.  Chicago  rules  for  measuring  excavation  and 
concrete  work.  (Adopted  1910  by  W.  S.  of  E.,  Chicago  Architects' 
Business  Ass'n  and  Mascns'  and  Contractors'  Ass'n.)  C.  A.  B.  1913, 
pp.  187-191.  Eng.  News,  1910-11-492;  Comments,  same  Vol.  p.  540. 

Earth  measurement  clause.  A  lawsuit  involving  same.  What  first 
appears  to  have  no  ambiguity,  is  shown  to  have  different  interpre- 
tations. Eng.  News,  Vol.  51,  Mar.  10,  1904,  p.  227. 

Measuring  quantity  excavated  under  water.  United  States  Engineer 
Corps.  Johnson,  p.  128. 

Also  see  "Excavation." 

Oils,  Bituminous  and  Creosote — 

Specifications  for  Coal  Tar  Creosote  for  Wood  Block  Pavements  of 
Chicago,  by  John  Ericson.  Eng.  Cont.,  Jan.  17,  1912,  p.  72. 

Specifications  and  Analysis  of  Creosote  Oil,  by  S.  R.  Church.  Dis- 
cussion of,  for  timber  preservative.  Eng.  Rec.,  1912-1-80. 

Specifications  for  coal  tar  creosote.  A.  R.  E.  &  M.  W.  Ass'n.  Eng. 
Cont.,  Sept.  30,  1908,  p.  204. 

Specifications  for  road  oil,  San  Joaquin  Co.,  Cal.  W.  B.  Hogan. 
Eng.  Cont.,  Aug.  5,  1914,  p.  129. 

Specifications  for  residuum  oil  for  road  treatment  of  St.  Louis,  Mo. 
Eng.  Cont.,  Mar.  23,  1910,  p.  268. 

Specifications  for  analysis  of  coal  tar  creosote.  Committee  Report. 
A.  R.  E.  &  M.  W.  Ass'n,  Vol.  9,  1908,  p.  708;  Vol.  12,  1911.  p,  743. 

Standard  specifications  for  coal  tar  creosote.  Committee  Report. 
A.  R.  E.  &  M.  W.  Ass'n,  Vol.  11,  1910,  p.  737. 

See  also  "Pavements." 

Oil,   Fuel — 

Specifications  for,  in  signal  lamps.     Eng.  News,  1906-11-431. 

Fuel.     Specifications    for    purchase.     U.    S.    Bureau    of    Mines.     Eng. 

News,  1911-11-205. 
Fuel  Oil  Specifications  and  Corrections  from  Fuel  Economy  Tests  at 

a  Large  Oil  Burning   Electric  Power   Plant,   by  C.   R.   Weymouth. 

A  discussion  of  requirements  and  results.     Trans.  A.  S.  M.  E.,  Vol. 

30,  1908,  p.  775. 


516  Appendix  D 

Oil,  Fuel — Continued. 

Fuel  Specifications  and  Contracts.     Discusses  desirability  of  specifications 

by  Wm.  D.  Ennis.     Eng.  Rec.  Vol.  57,  p.  554. 
Specifications  for  Fuel  for  Heavy-oil  Engines.     Abstract  of  bulletin  of 

U.  S.  Bureau  of  Mines  by  I.  C.  Allen.     Can.  Eng.  Vol.  25,  p.  289. 

Oil,  Linseed — 

Standard  specifications  for  purity  of  raw  linseed  oil  from  North 
American  seed.  Proc.  Am.  Soc.  Test.  Mat.,  Vol.  13,  1913,  p.  399. 

Oil,  Lubricating — 

Necessary  reform  in  specifications  for  lubricating  oils.  Paper  before 
Am.  Soc.  Test.  Mat.,  by  Dr.  A.  Sommer.  Eng.  Rec.,  1910-11-167. 

Requirements  for  lubricating  oil  in  combustion  engines.  Dr.  A.  Som- 
mer. Proc.  Am.  Soc.  Test.  Mat.,  Vol.  10,  1910,  466. 

Oils.  Abstract  of  Pennsylvania  railroad  specifications  for  materials. 
(In  practical  use  for  several  years.  Reprint  rec.  by  Soc.  of  Auto- 
mobile Engineers  Standard  Committee,  1911.)  Reference:  Trans, 
of  the  Soc.  of  Automobile  Engineers,  Vol.  6,  pp.  400-445. 

Specifications  for  Auto  Engine  Lubricating  Oil,  by  Henry  Souther, 
Chm.  Standards  Comm.  for  Soc.  of  Automobile  Eng.,  1910.  Ref- 
erence: Trans,  of  the  Soc.  of  Automobile  Engineers,  Vol.  5,  pp.  168- 
175.  Note:  For  notes  and  instructions  referring  to  above,  see 
same  Vol.,  pp.  176-202. 

Paint — 

Specification  proposed  by  American  Society  for  Testing  Materials. 
Tests  of.  Eng.  News,  1911-11-35,  64. 

Specifications  for  paint  for  steel  terminal  structures,  Pennsylvania 
railroad,  New  York.  Trans.  A.  S.  C.  E.,  Vol.  69,  p.  213  (1910). 

Preservative  coatings.  Standard  specifications  adopted  by  American 
Society  for  Testing  Materials.  One  specification  in  1913  Year 
Book,  pp.  287-289.  Note:  Above  Year  Book  contains  all  standard 
specifications  of  the  society,  about  sixty-three  or  sixty-four  in 
number,  latest  revision.  Also  classified  list  giving  dates  of  adop- 
tion and  subsequent  revision. 

Paints.  Abstract  of  Pennsylvania  railroad  specifications  for  materials. 
(In  practical  use  for  several  years.  Reprint  rec.  by  Soc.  of  Auto- 
mobile Engineers  Standard  Committee,  1911.)  Reference:  Trans, 
of  the  Soc.  of  Automobile  Engineers,  Vol.  6,  pp.  400-445. 

Paper — 

New  specifications  of  Government  printing  office.  Eng.  News,  1912- 
1-490. 

Pavements  and  Road  Construction,  General — 

General  specifications  for  Michigan  state  reward  roads.  Third  bien- 
nial report  of  the  State  Highway  Commission  (Dec.  1,  1908,  to 
June  30,  1910).  Class  A.  Clay  gravel  roads,  pp.  68-71;  Class  B. 
Gravel  roads,  pp.  71-74;  Class  C.  Stone  gravel  roads,  pp.  74-76; 
Class  D.  Gravel  stone  roads,  pp.  77-79;  Class  E.  Stone  roads, 
pp.  79-83. 


Bibliography  of  Specifications  517 

Pavements  and  Road  Construction,  General — Continued. 

Standard  specifications  adopted  by  the  American  Society  for  Testing 
Materials.  Seven  specifications  in  1913  Year  Book,  pp.  290-299. 
Note:  Above  Year  Book  contains  all  standard  specifications  for 
the  society,  about  sixty-three  or  sixty-four. 

Paving.  Standard  specifications  for  rattler  and  rattler  test.  (Rec- 
ommended by  the  Nat'l  Paving  Brick  Mfgrs.  Ass'n,  1911.)  Will  P. 
Blair,  secretary,  Cleveland,  O.  Municipal  Eng.,  Vol.  40,  pp.  93-95. 

Specifications  for  Street  Railway  Pavements,  by  Whinery  (McGraw- 
Hill  Book  Company).  General,  pp.  13-22;  foundations,  pp.  24-31; 
sheet  asphalt  pavement,  pp.  33-45;  asphalt  block  pavement,  pp.  46- 
48;  granite  block  pavement,  pp.  50-55;  brick  pavements,  pp.  56-60. 
(Differs  only  in  minor  details  from  those  of  Ass'n  for  Standardizing 
Paving  and  Nat'l  Paving  Brick  Mfg.  Ass'n.) 

Maintenance.  Simple  clause,  no  absurd  requirements,  discussion  of 
good  and  bad  points  of  same.  Eng.  News,  Sept.  3,  1903. 

Materials  for  road  construction  and  standards  for  their  test  and  use. 
Proc.  A.  S.  C.  E.,  Apr.  1915. 

Standard  specifications  of  the  Association  for  Standardizing  Paving 
Specifications.  (Reports  of  various  committees  adopted.) 

(1)  Specifications    for   concrete   sidewalks,  second   annual    report   of 

association,  pp.  35-37. 

(2)  Specifications  for  concrete  curb  and  combined  curb  and  gutter, 

second  annual  report  association,  pp.   37-40. 

(3)  Specifications   for   concrete   for   pavement   foundations,   second 

annual  report  of  association,  pp.  40-42. 

(4)  Specifications  for  concrete  pavements,  second  annual  report  of 

association,  pp.  42-45. 

(5)  Specifications   for  macadam,   second  annual   report  of  associa- 

tion, pp.  50-52. 

(6)  Specifications  for  creosoted  wood  blocks  report  of  association, 

pp.  54-56. 

(7)  Specifications   for   analysis   of  coal   tar   creosote    (appendix   to 

specifications   No.    6),    second    annual    report   of   association, 
pp.  57-59. 

(8)  Brief  specifications   for   brick   and   granite  block,   first  annual 

report  of  association,  pp.  63-66. 

(9)  Specifications  or  sheet  asphalt  pavement,   first  annual   report 

of  association,  pp.   73-78. 
(10)   Specifications  for  bituminous  concrete  pavement,   first  annual 

report  of  association,  pp.  78-82. 

Specifications  for  Street  Railway  Pavements,  by  Whinery  (McGraw- 
Hill  Book  Co.).  Wood  block  pavement,  pp.  62-68;  bituminous  con- 
crete pavements,  pp.  69-73;  hydraulic  concrete  pavement,  pp.  73-77; 
experimental  or  untried  pavement,  pp.  78-80;  concrete  curb  and 
gutter,  pp.  80-84;  concrete  sidewalks,  pp.  84-88. 

Pavement  specifications  in  use  in  different  cities  and  states.  Ref- 
erences: Chicago  specifications  in  use  during  1905.  See  Engi- 


518  Appendix  D 

Pavements  and  Road  Construction,  General — Continued. 

neering  Work  in  Towns  and  Cities,  by  McCullough,  p.  68.  Specifi- 
cations in  use  in  other  cities,  see  above  work,  pp.  67-91;  also  Civil 
Engineers'  Pocket  Book,  by  Frye,  p.  1101.  Highway  Eng.  and 
Hand  Book,  by  Harger  &  Bormey,  p.  310. 

See  annual  reports  of  the  Association  for  Standardizing  Paving  Spe- 
cifications. John  B.  Hittell,  Secy-Treas.,  5917  Winthrop  Ave.,  Chi- 
cago. 1910  and  1911  (1st  and  2d)  annual  reports  in  engineering 
library. 

Standard  specifications  for  state  aid  roads  in  New  Jersey.  Extracts 
from  revised  specifications;  also  discussion  of  methods  and  ex- 
perience of  commission.  Municipal  Engineering,  Vol.  20,  May, 
1901,  pp.  294,  295. 

Street  paving.  General  instructions  to  inspectors  by  Bureau  of  High- 
ways of  the  Borough  of  Manhattan,  New  York  City.  Eng.  News, 
Vol.  69,  p.  1114. 

State  road  construction  in  Wisconsin.  Instructions  for  foremen  and 
contractors.  Eng.  News,  Vol.  70,  p.  291. 

Highway  work  for  New  York  state;  new  specifications  for.  Eng. 
News,  Vol.  70,  p.  1203. 

Suggested  standard  specifications  for  macadam,  brick,  granite  block, 
creosoted  wood  block  and  concrete  pavements.  Convention  of  Chi- 
cago city  officials.  Eng.  Cont.,  Mar.  9-16,  1910,  pp.  222-243. 

Specifications  for  asphalt,  brick,  macadam  and  wood  block  pave- 
ments. Recommended  for  Chicago  by  Samuel  Whinery.  Eng.  News, 
1911-1-471. 

Chicago  bureau  of  public  efficiency  specifications  for  pavements,  cov- 
ering wood  block  and  oil  preservative,  asphalt,  brick  and  granite 
block.  Eng.  News,  1911-1-254. 

New  York  state  highway  work.     Eng.   News,   1913-11-1203. 

Recent  specifications  and   standards  of  Maine   Highway   Commission. 

Abstract  of  general  specifications   (staff  article).     Eng.  Cent.,  Sept. 

16,  1914,  p.   277. 

Important  features  of  new  standard  paving.  Specifications  of  Pitts- 
burg  department  of  public  works.  Eng.  News,  June  25,  1914, 
p.  1435. 

Roadway  standards  of  department  of  public  works,  city  of  Pittsburg, 
Pa.  Eng.  Cont.,  Aug.  21,  1912,  p.  205. 

Standard    plans   and   specifications    for   paving,    Seattle,    Wash.     Eng. 

Cont.,  Aug.  9,  1911,  p.  150. 
Requisites    for    Successful    Pavement,    by    S.    Whinery.     Eng.    News, 

1908-11-281. 

Richmond,   Indiana,   Abstracts   from   Specifications,   by   H.   L.   Weber. 

Eng.   News,    1905-1-215;    1905-1-598. 
Specifications  for  Roads  of  Different  Types.     Specifications  of  York  Co., 

Ontario.     E.  A.  James.     Can.  Eng.  Vol.  24,  p.  103, 


Bibliography  of  Specifications  519 

Pavements,  Bituminous — 

Asphaltic  concrete,  bituminous  macadam,  brick,  etc.,  of  Pennsyl- 
vania highway  department.  Eng.  Cont.,  Aug.  19,  1914,  p.  189. 

Asphalt  and  bituminous  concrete  pavements  in  Washington,  D.  C.  Spe- 
cifications for  all  Materials  and  Work,  by  Capt.  Mark  Brooke. 
Eng.  Cont.,  Jan.  10,  1914,  p.  679. 

Asphalt  block  pavement  at  Washington,  D.  C.  Eng.  Cont.,  Dec.  21, 
1910,  p.  554. 

Bituminous  concrete  specifications.  Adopted  by  Chicago  convention. 
Eng.  News,  1910-1-309 

Specifications  for  bituminous  surface  concrete  pavement  in  Los  An- 
geles Co.,  Cal.  Eng.  Cont.,  Nov.  6,  1912,  p.  513. 

Specifications  of  New  York  state  highway  department  for  bituminous 
macadam  and  bituminous  materials.  Eng.  Cont.,  Dec.  8, 1909,  p.  490. 

New  Jersey  standard  specifications  for  asphaltic  concrete.  Eng.  Rec., 
1912-11-340. 

Criticism  of  Massachusetts  Specifications,  Confusion  as  to  Asphaltic, 
by  H.  Tipper.  Eng.  News,  1909-11-375;  same,  by  H.  W.  Clark. 
Eng.  News,  1909-11-521. 

Asphalt  paving.  (Report  of  commissioner  of  accounts  of  the  city  of 
New  York,  Feb.  3,  1904.)  Specifications  and  their  discussion, 
pp.  1-62;  Practical  use  and  value  of  specifications,  pp.  67-70. 

Standard  specifications  for  sheet  asphalt  pavements,  city  of  New 
York.  Reference:  Highway  Engineering,  by  Morrison,  pp.  233- 
274. 

Asphaltic  concrete  and  sheet  asphalt  pavements — specifications  for, 
at  Vancouver,  B.  C.  Eng.  News,  Vol.  68,  p.  770. 

Asphalt  pavement — new  Harlem  bridge  at  One  Hundred  Fifty-fifth 
St.,  New  York.  Johnson,  p.  171. 

Standard  specifications  for  sheet  asphalt.  (Adopted  by  the  Amer. 
Soc.  of  Municipal  Improvements,  Sept.  27,  1911.)  References: 
Proc.  of  the  Annual  Convention  of  the  Amer.  Soc.  of  Municipal 
Improvements.  (In  pamphlet  form  by  Municipal  Journal,  50  Union 
Square,  New  York.) 

Asphaltum  pavement.     Johnson,  p.  166. 

Vancouver,  B.  C.,  specifications  for  sheet  asphalt  and  asphaltic  con- 
crete. Eng.  News,  1912-11-770. 

English  Suggestion  for  Standard  Specifications  for  Bituminous  Bound 
Road  Surface,  by  J.  S.  Brodie.  Eng.  Cont.,  Oct.  2,  1912,  p.  376. 

Tar  Concrete  Pavements  in  Ontario,  by  W.  A.  McLean.  Eng.  Cont.,  Jan. 
2,  1912,  p.  14. 

Specifications  for  oil-cement-concrete  pavements,  New  York  City. 
Eng.  Cont.,  July  24,  1912,  p.  97. 

Maintaining  Concrete  Roads  with  Bituminous  Wearing  Surfaces,  by 
H.  C.  Poore.  (Specifications  for  applying  bituminous  surface.) 
Eng.  Cont.,  Jan.  7,  1914,  p.  17. 

Binder  Course  in  Bituminous  Pavements,  by  F.  N.  Bingham.  Eng. 
News.  1913-1-1079. 


520  Appendix  D 

Pavements,  Bituminous — Continued. 

Oil  Graveled  Streets;  Specifications,  Los  Angeles,  Cal.,  by  N.  Ellery. 
Eng.  News,  1907-1-366. 

Specifications  of  the  New  York  state  highway  department  for  bitumin- 
ous macadam,  1909.  Engineering  and  Contracting,  Vol.  32,  1909, 
pp.  490,  491. 

Specifications  for  tar  macadam  pavement.  Specifications  for  macadam 
roadways  as  constructed  in  various  cities  of  Ontario,  Canada.  Also 
some  discussion  of  materials  and  costs.  Municipal  Engineering. 
Vol.  20,  June,  1901,  pp.  370-372. 

Suggested  standard  specifications  for  asphalt  and  bituminous  pave- 
ments. By  convention  of  Chicago  city  officials.  Eng.  Cont.,  Mar. 
23,  1910,  p.  270. 

Ottawa,  Ontario,  Specifications  for  Tar  Macadam,  by  N.  J.  Ker.  Eng. 
News,  1906-11-213. 

San  Monica,  California,  Oiled  Dirt  Roads;  Asphaltic  Oil  and  Fitz- 
gerald Tamper  Roller,  by  E.  H.  Wilcox.  Eng.  News,  1907-1-366, 
and  1907-1-543. 

Bituminous  macadam  specifications  may  be  obtained  from:  India- 
napolis, Tnd.;  Mankato,  Minn.;  Knoxville,  Tenn.;  Moline,  111.;  War- 
ren Bros.  Co.,  Boston,  59  Temple  St.;  The  Indian  Refining  Co., 
New  York,  115  Broadway,  and  other  companies. 

Indianapolis  specifications  for  bituminous  macadam  pavement.  Mu- 
nicipal Engineering,  Vol.  37,  1909,  pp.  261,  2C2. 

Pavement,  Brick  and  Block — 

Brick  paving  construction.  Instructions  issued  by  Nat.  Paving  Brick 
Mfgrs.  Ass'n.  W.  J.  Blair.  Eng.  News,  1906-11-231,  234. 

Brick  and  granite  block  specifications  adopted  by  Chicago  conven- 
tion. Eng.  News,  1910-1-291. 

Specifications  for  Slag  Foundations  for  Brick  Pavement,  Niles,  Ohio, 
by  Wm.  V.  Alford.  Eng.  News,  May  7,  1914,  p.  1014. 

Standard  specifications  for  brick  pavements.  (Adopted  at  the  ICth 
annual  convention  of  the  National  Paving  Brick  Manufacturers' 
Association.)  References:  Engineering  Work  in  Towns  and  Cit- 
ies, by  McCullough,  p.  64.  Note:  Copies  of  same  can  be  secured 
through  Will  P.  Blair,  Secy.,  Cleveland,  O. 

Paving  brick  tests  by  American  Brick  Manufacturers'  Association. 
Johnson,  p.  161. 

Standard  specifications  for  brick  pavements.  (Adopted  by  Amer.  Soc. 
Municipal  Improvements,  Sept.  27,  1911.)  References:  Proc.  of 
the  Annual  Convention  of  the  Amer.  Soc.  of  Municipal  Improve- 
ments. Issued  in  pamphlet  form  by  the  Municipal  Journal,  50 
Union  Square,  N.  Y. 

Brick  paving,  city  of  St.  Louis.     Johnson,  p.  163. 

Granite  pavement,  city  of  Milwaukee.     Johnson,  p.   173. 

Method  and  specifications  of  constructing  wood  block  pavement  at 
Grand  Forks,  N.  D.  Paper  before  111.  Soc.  of  Eng.  &  Surv.,  by  J.  J. 
Smith.  Eng.  Cont.,  Oct.  27,  1909,  p.  353. 


Bibliography  of  Specifications  521 

Pavement,  Brick  and  Block — Continued. 

English  Specifications  for  Construction  of  Wood  Block  Pavement,  by 
Clifford  Richardson.  Eng.  Cont.,  May  29,  1912,  p.  608. 

Vancouver,  B.  C.,  wood  block  pavement.     Eng.  News,  1911-11-475. 

Wood  block — specifications  adopted  by  Chicago  convention.  Creo- 
soted  block.  Eng.  News,  1910-1-290. 

Paving.  A  comparison  of  the  specifications  for  creosoted  wood  pav- 
ing blocks  of  fourteen  American  cities.  Published  paper  by  C. 
Marshall  Taylor,  Chemist  of  the  International  Creosoting  &  Con- 
struction Co.  of  Galveston,  Tex.  Also  see  discussion  and  table,  En- 
gineering-Contracting, 1910,  Vol.  33,  p.  552. 

New  Specifications  for  Creosote-Wood  Block  Pavement  by  Bd.  of  Local  Im- 
provement Chicago,  111.  Can.  Engr.  Vol.  23,  p.  250. 

Pavement,  Concrete-^— 

Concrete   Roads   in   Milwaukee   Co.,   Wis.,   by    A.   J.    Kuelling.     Eng. 

Cont.,  May  13,  1914,  p.  551. 
Specifications  for  concrete  pavements  of  R.  S.  Blome  &  Co.,  Chicago. 

Eng.  Cont.,  Dec.  16,  1908,  p.  415. 
Standard  specifications  for  Portland  cement  roads  and   Portland  re- 

ment  sidewalks.     Nat.  Ass'n  of  Cement  Users.     Eng.  Cont.,  Jan.  20, 

1909,  p.  53. 
Concrete  specifications  adopted  by  Chicago  convention  for  sidewalks, 

curbs  and  pavements.     Eng.  News,  1910-1-308. 
Concrete  pavements.     Foundations;    paving   practice.     G.   C.   Warren. 

Eng.  News,  1909-11-611. 

Pavement,  Macadam  and  Earth  Roads — 

Specification  and  notes,  on  macadam  road  construction.  Paper  be- 
fore W.  S.  E.,  by  A.  N.  Johnson.  Eng.  Cont.,  Oct.  28,  1908,  p.  276. 

Details  and  specifications  of  California  highway  commission — macadam. 
Eng.  Cont.,  July  3,  1912,  p.  15. 

Macadam  specifications  adopted  by  Chicago  convention.  Eng.  News, 
1910-1-290. 

Specifications  for  Shell  Roads,  by  Maj.  W.  W.  Crosby  of  state  road 
commission,  Md.  Eng.  Cont.,  Jan.  3,  1912,  p.  11. 

Earth  roads,  sand,  clay,  gravel,  chert  and  bridges,  culverts,  etc.  Ala- 
bama state  highway  commission.  Eng.  Cont.,  Nov.  25,  1911,  p.  504. 

Specification  for  trunk  line  highway  in  Michigan  (staff  article).  Eng. 
Cont.,  Feb.  24,  1915,  p.  162. 

Specifications  for  Macadam  Roads,  by  H.  P.  Gillette,  A.  I.  Frye.  Eng. 
News,  1901-11-351. 

Specifications  for  Macadam  Roads,  by  E.  McCullough.  Eng.  News, 
1903-1-189;  1904-11-241. 

Standard  state  aid  specifications  for  stone  roads — New  Jersey.  Ref- 
ere'nce:  Highway  Engineering,  by  Morrison,  pp.  126-142. 

Macadamizing.     Fairmount  Park,  Phil.     Haupt,  p.  149. 

Tiles — 

Specifications  A.  R.  E.  &  M.  W.  Ass'n.     Eng.  News,  1904-1-264. 


522  Appendix  D 

Piles — Co  n  tinned. 

Specifications   for   creosoting   at   Pacific    Creosoting   Co.     Eng.    News, 

1910-11-432. 
Notes  on  a  Rational  Specification  for  Wooden  Pile,  by  E.  P.  Goodrich. 

Eng.  Cont.,  May  19,  1915,  p.  456. 
Concrete  pile  specifications  for  Point  Bridge  at  Pittsburg.     Eng.  Record, 

1913-11-581  and  646. 
See  also  "Bridges  and  Trestles,  Timber." 

Pipe,  Accessories — 

Pipe  flanges.     New  standards  of  Am.  Soc.  Mech.  Engrs.     Eng.  News, 

1912-11-121,  338. 
Burlap  wrapping  steel  pipe.     Eng.  News,   1913-11-1083. 

Pipe,  Laying  and  Cleaning — 

Pipe   laying.     Seattle   standard   specifications   adopted.     H.    L.    Estep. 

Eng.  News,  1910-1-557. 
Laying   sewer   pipe.     St.    Louis    specifications    for    pipe    sewers.     Art. 

139,  Johnson,  p.  186. 
Laying    water    pipe.     Water    commissioner    of    St.    Louis.     Johnson, 

p.  198. 
Specifications   for   Cleaning   Water   Mains   at   Hartford,    Conn.,   by   C. 

M.  Saville.     Eng.  News,  1913-11-1098. 

Pipe,  Cast  Iron — 

Standard  specifications  for  cast  iron  pipe  and  special  castings. 
(Adopted  May  12,  1908,  by  the  Ainer.  Water  Works  Ass'n.)  Ref- 
erences: Proc.  Am.  Water  Wks.  Ass'n,  1908,  p.  771.  Civil  En- 
gineers' Pocket  Book,  by  Frye,  p.  1239.  In  pamphlet  form,  ad- 
dress J.  M.  Diven,  Secy.  A.  W.  W.  A. 

Standard  specifications  for  cast  iron  pipe  and  special  castings. 
(Adopted  1902,  by  the  New  England  \vater  Wks.  Ass'n  Comm.  ap- 
pointed in  1912  to  revise  same.)  References:  Journal  New  Eng- 
land W.  W.  Ass'n,  Vol.  16,  pp.  335-358;  also  Vol.  17,  p.  84;  cata- 
logue "Cast  Iron  Pipe,"  pub.  by  U.  S.  Cast  Iron  Pipe  &  Foundry 
Co.,  Western  Office,  63S  The  Rookery,  Chicago.  Note:  Copies  of 
New  England  W.  W.  Ass'n  specifications  available  in  pamphlet 
form.  Address  715  Tremont  Temple,  Boston,  Mass. 

WTater  pipe.  Reports  of  N.  Eng.  W.  Wks.  Ass'n  for  cast  iron  pipe. 
Eng.  News,  1901-11-216,  224,  435,  469;  1902-11-193,  211,  212. 

Standard  specifications  for  cast  iron  pipe  and  special  castings.  Proc. 
Am.  Soc.  Test.  Mat.,  Vol.  4,  1904,  p.  57. 

Standard  specifications  for  cast  iron  pipe  and  special  castings.  Proc. 
Am.  W.  Wks.  Ass'n,  1908,  p.  770. 

Standard  Plans  and  Specifications  for  Water  Mains.  Seattle,  Wash., 
by  R.  H.  Thomson.  Eng.  Cont.,  Aug.  2,  1911,  p.  127. 

Proposals  for  international  export  specifications  for  cast  iron  pipe 
and  fittings.  Am.  Soc.  Test.  Mat.,  Vol.  14,  1914,  p.  157. 

Cast  iron.    St,  Louis  water  department.    Johnson,  p.  219, 


Bibliography  of  Specifications  523 

Pipe.  Cast  Iron — Continued. 

Cast  iron  water  pipe.     Water  Works  System  of  Cincinnati.     Johnson, 

p.  221. 
Manufacture  and  delivery  of  cast-iron  water  pipe.     City  of  Rochester, 

N.  Y.     Johnson,  p.   190. 

Pipe,  Concrete — 

Specifications  for  Concrete  Sewer  Pipe  at  Bellingham,  Wash.,  by  H. 
A.  Whitney.  Eng.  Cont.,  Feb.  8,  1911,  p.  157. 

Concrete  Sewer  Pipe  Tests  in  Kansas  City,  by  E.  S.  Wallace.  Eng. 
News,  Vol.  69,  p.  568,  1913. 

Specifications  for  reinforcement  of  concrete  culvert  pipe,  Illinois  Cen- 
tral Railroad.  Proc.  of  the  22nd  Annual  Convention  of  the  Amer. 
Ry.  Bridge  &  Building  Ass'n,  pp.  103-107. 

Proposed  standard  specifications  for  concrete  drain  pipe  and  tile. 
(Submitted  by  Comm.  of  the  Nat.  Ass'n  of  Cement  Users  iri  1911.) 
Reference:  Proc.  of  the  Nat.  Ass'n  of  Cement  Users,  Vol.  7,  pp.  761- 
765. 

Proposed  standard  specifications  for  plain  concrete  drain  tile.  Com- 
mittee reported  to  Nat.  Ass'n  Cement  Users.  Eng.  Cont.,  Feb.  23, 
1910,  p.  167. 

See  also  "Concrete." 

Pipe,  Steel — 

Lead  Lined  Steel  Tubing,  United  States  Navy,  by  R.  D.  Gatewood. 
Description  and  notes.  .  Eng.  News,  1912-1-896. 

Portland,  Oregon,  Riveted  Steel  Pipe,  by  J.  C.  Stevens.  Eng.  News, 
1911-11-112. 

Riveted  steel  water  pipe.  Water  supply  of  Cambridge,  Mass.  John- 
son, p.  225. 

Pipe,  Vitrified — 

Sewer  pipe — Iowa  State  Drainage  Ass'n.     Adopted  Feb.,  1913.     Eng. 

Rec.,    1913-1-235. 
Specifications  for  Sewer  Pipe,  Vitrified  Pipe  and  Pipe  Laying  in  St. 

Louis,  by  W.  W.  Homer.     Eng.  Cont.,  Sept.  13,  1911,  p.  286. 
Specifications  for  drain  tile  and  sewer  pipe.     Report  of  Committee  of 

Iowa  State  Drainage  Ass'n.     Adopted  Feb.,  1913.     Eng.  Rec.,  1913- 

1-235. 
Proposed  standard  specifications  and  recommended  practice  for  drain 

tile   and   tile   drain   construction.     Report   committee   to   Am.    Soc. 

Test.  Mat.     Eng.  Cont.,  Aug.  19,  1914,  p.  181. 
Drain  tile.     Standard  specifications  Iowa  State  Drainage  Ass'n.     Exp. 

Sta.  Iowa  State  College,  Ames,   la.     Eng.   News,   1913-1-484. 
Tentative  standard  specifications  for  drain  tile,  sewer  pipe  and   for 

pipe  laying.     1913,   Printed   for  Distribution   by   Engineering   Exp. 

Sta.,   Iowa   State   College.     Write  Director,   A.   Marston,   Ames,    la. 

Eng.  Rec.,  Vol.  67,  pp.  235,  236. 
Drain  tile  and  sewer  pipe.     Specifications   for — committee  report  of 

Iowa  State  Drain.  Ass'n.     Eng.  Rec.,  Vol.   67,  p.  235. 
Sewer  pipe.    Johnson,  p.  183. 


524  Appendix  D 

Pipe,  Wood  Stave — 

Specifications  for  wood  stave  pipe,   Atlantic  City,  N.   J.     Eng.   Cont., 

Oct.  30,  1912,  p.   488. 
Design  and  specifications  of  Sacramento  water  supply  wood  pipe  line, 

El.  Paso  &  S.  W.  Ry.  Co.     Eng.  Cont.,  July  17,  1912,  p.  70. 
Wood  stave  pipe.     United  States  Reclamation  Service,  by  E.  A.  Moritz. 

Eng.  News,  1912-1-571,   799. 
Specifications    for   Wood    Stave   Pipe,    by    A.    Swickard.     Eng.    Cont., 

Jan.  6,  1915,  p.  14. 
Specification  for  a  standard  wood  pipe  line  designed  for  a  pressure 

of  80  pounds — Proc.  of  the  32nd  annual  convention  of  the  Amer. 

Ry.  Bridge  &  Building  Ass'n,  pp.  12G-129. 
WTooden  stave  pipe  used  in  California    Johnson,  p.  232. 

Plans- 
Rules  for  sewerage  and  water  supply  plans,  submitted  to  N.  J.  State 

Bd.  Health.     Eng.  News,  1913-11-548. 
See  also  "Maps." 

Plastering — 

Standard  specifications  for  Exterior  Plastering  (Stucco).     Pamphlet  Aug., 
1913,  of  Associated  Metal  Lath  Manufacturers,  Youngstown,  Ohio. 

Plumbing — see  "Building." 
Pumping  Machinery — 

Selection  and  Specifications  for  Water  Wks.  Pumping  Machinery,  by 

N.  J.-Hill.     Eng.  Rec.,  1905-11-39. 

Specifications   for   Vertical   Triple   Expansion    Pumping   Engine,    Mil- 
waukee, Wis.,   by  C.   T.   Myers.     Proc.   Am.   W.   Wks.   Ass'n,    1909, 

p.   77. 
Specifications  for  Irrigation  Pumping  Plant,  Payette,  Idaho,  by  G.  T. 

Ingersoll.     Eng.  Cont.,  Oct.   2,  1912,  p.  385. 
Specifications   for   sewage   pumping   plant   near   Duluth,    Minn.     Eng. 

Cont.,  April  7,  1915,  p.  309. 
Pumps    to    be    operated    by    water    power.     Austin,    Texas.     Johnson, 

p.  247. 

Large  pumping  engines.     City  of  St.  Louis.     Johnson,  p.  2G6. 
Water    works.     Wilmington,    Delaware.     M.    C.    Conwell,    Consulting 

Engineer.     Haupt,  p.  104. 

Hails — see  "Iron  and  Steel — Rails." 

Railways — 

Specifications    for    railroad    work    that    are    specific    and    fair.     Eng. 

News,  1905-1-258. 
Roadway  specifications  for  clearing,  grubbing,  grading,  etc.     A.  R.  E. 

&  M.  W.  Ass'n,  1903,  Vol.  4,  p.  19. 

Tunnel  excavation.     A.  R.  E.  &  M.  W.  Ass'n,  1905,  Vol.  6,  p.  125. 
General  specifications  for  modern  steam  shovel  roadway  construction. 

Committee  report.     A.  R.  E.  &  M.  W.  Ass'n,  1907,  Vol.  8,  p.  298. 


Bibliography  of  Specifications  525 

Railways — Continued. 

Proposed  amendments  of  recommended  standard  definitions.  (Pro- 
posed by  Comm.  of  Amer.  Ry.  Eng.  &  Maintenance  of  Way  Ass'n, 
1910.)  Reference:  Proc.  of  Ass'n,  Vol.  11,  Part  1,  p.  178. 

Superstructure  and  track  laying.     Haupt,  p.  155. 

Grading  and  masonry  of  a  single  track  railroad — Philadelphia  & 
Reading  railroad.  Haupt,  p.  150. 

Railway  road-bed.     Amer.  Soc.  of  Civil  Engineers.     Johnson,  p.  345. 

Specifications  for  formation  of  road-bed.  Eng.  News,  1903-1-259, 
280;  1901-1-214. 

Specifications  for  grading.  Rept.  Am.  Ry.  Eng.  &  M.  W.  Ass'n.  Eng. 
News,  1901-1-199. 

Specifications  for  standards  of  track  construction  in  United  States, 
Canada  and  Mexico.  Eng.  News,  1900-11-142,  148,  215,  430. 

Specifications  for  track  tanks  for  supplying  water  to  tenders.  Spe- 
cifications of  Am.  Ry.  Eng.  Ass'n.  Eng.  News,  1911-1-410. 

See  also  "Ballast;"  "Cars;"  "Excavation;"  "Frogs;"  "Locomotive;" 
"Steel  Rails;"  "Timber  Ties;"  "Tires." 

Refractory  Material- 
Standard  Specification  for  Refractory  Material.     Covers  silica  brick,  block 
and  tile  adopted  by  Inst.  Gas.  Engrs.  of  Gt.  Britain.    Can  Engr.    Vol. 
23,  p.  331. 

Reservoirs- 
Specifications  for  asphalt  lining  for  reservoirs.     Eng.  News,   1896-1 

164. 
Specifications  for  Reinforced  Concrete  Settling  Basins,  by  Alex.  Potter. 

Proc.  Am.  W.  Wks.  Ass'n,  1912,  p.  113. 
Concrete  reservoir  lining  at  Aurora,  111.     Eng.  News,  1902-1-423. 

Retaining  Walls — 

Specifications  for  retaining  walls.     Trans.  A.  S.  C.  E.,  Vol.  48,  p.  486 

(1902). 
River  Improvement — see  "Harbor  and  River  Improvements." 

Roads — see  "Pavement  and  Road  Construction." 
Rock — 

Definition    from    specifications   of    Ghicago    board    of    local    improve- 
ments.    Eng.  News,  1911-1-683. 
Specifications  for  tests  of  road  building  rock.     Am.  Soc.  for  Test.  Mat. 

Eng.  Cont.,  Aug.  5,  1908,  p.  87. 

Extracts  from  specifications  for  concrete  stone  for  Catskill  aqueduct 
buildings.     Paper  before  Am.  Cone.   Inst.,  by  H.  L.   Rogers,     Eng. 
Cont.,  April  14,  1915,  p.  340. 
Specifications  for  stone,  C.,  M.  &  St.  P.  Ry.     Johnson,  p.   143. 

Roof- 
Galvanized  iron  for  tropical  climate,     R.   M.   Beaufield.     Eng.   Cont., 

Nov.  20,  1912,  p.  586. 
See  also  "Building." 


526  Appendix  D 

Sand — 

Moulding  sand.     J.  I.  Case  Co.     Eng.  News,  1902-11-185. 
Specifications  for  sand  for  concrete  aggregate,  based  on  tests  made  at 

Univ.  of  Illinois.     C.  C.  Wiley.     Eng.  Rec.,  Apr.  11,  1914,  p.  419. 
Sand.     Concerning    specifications    for    Editorial    comments.     Believes 

there  is  no  justification  for  the  ordinary  brief  requirement  "Clean 

Sharp  Sand."     Eng.  News,  Vol.  53,  Feb.   2,  1905,  pp.   125,  126. 
Sand — Filter.     Albany  water  filtration  plant.     Johnson,  p.   294. 
Selection  of  Sand  for  Concrete  Grades  and  Methods  of  Testing  Sand.     Staff 

article,  Const.  News,  Nov.  29,  1913. 

Sanitation — 

Specifications  for  sanitary  precautions.  Camp  sanitation,  Catskill 
aqueduct  construction  camp.  A.  W.  Tidd.  Eng.  News,  1913-11- 
752. 

Sewage  Screens — 

Specifications  for  sewage  screen.  Daytona,  Fla.  Eng.  Cont.,  Dec.  2, 
1914,  p.  525. 

Sewers,  General — 

Commendable  specifications.     Eng.  News,  1905-11-148. 
Indefinite  specifications.     Alex.  Potter.     Eng.  News,  1905-I-G03. 
Sewer  specifications  proposed   for  criticism.     Eng.   Rec.,    1910-1-227, 

287. 
A   Discussion   of   Sewer   Specifications,    by    Gen'l    Contractors'    Ass'n. 

Eng.  Rec.,  1910-1-25. 
Specifications   for  limits  of  excavation   for  sewers   at  Pittsburg,    Pa. 

Eng.  Cont.,  Aug.  14,  1912,  p.  188. 
Unusual    clauses    in    sewer    specifications.     Eng.    News,    1904-II-26S, 

544. 
Specifications  for  the  Construction  of  Sewers  at  Clinton,  la.,  by  Chas. 

C.  Brown,  Engineering  World,  Vol.  4,  1906, "pp.  490-492. 
Outline  for  standard  sewer  specifications.     (Report  to  the  Amer.  Soc. 

of    Municipal    Improvements,    1912.)     Municipal    Engineering,    Vol. 

42,  1912,  pp.  90-92. 

Sewer  specifications.  Written  by  six  well  recognized  engineers.  Pam- 
phlet, published  by  the  Clay  Products  Publicity  Bureau,  Kansas 

City,  Mo. 
Main   sewer.     City   of   Philadelphia,    Pa.     Samuel   L.    Smedley,    Chief 

Engineer.     Haupt,  p.  90. 

Sewers,  Brick — 

Brick  sewer  specifications,  New  York.     Eng.  News,  1902-1-200. 
Brick  and  tile  sewers.     Used  in  the  city  of  St.  Louis.     Johnson,  p.  178. 
Specifications  for  Vitrified  Pipe  and  Brick  St.  Louis,  by  W.  W.  Ilorner. 
Eng.  Cont.,  Sept.  13,  1911,  p.  286. 

Sewers,  Concrete — 

Concrete  and  steel  storm  water  sewer  and  remarks  on  specifications. 
Eng.  Cont.,  Nov.  3,  1909,  p.  376. 


Bibliography  of  Specifications  527 

Sewers,  Concrete — Continued. 

Plans  and  specifications  for  sewer  catch  basins,   concrete  and  brick 

sewers  and  appurtenances,  Pittsburg,  Pa.     Eng.  Cont,  July  17,  1912 

p.  72. 
Plans  and  Specifications  for  Concrete  Sewer  Manholes  at  Hamilton, 

111.,  by  L.  P.  Wolff.     Eng.  Cont.,  May  15,  1912,  p.  559. 
Brooklyn   specifications   for   reinforced   concrete,   triple  outlet   sewer, 

wharf  construction.     Eng.  News,  1903-1-8. 

Sewers,  Vitrified — 

Vitrified  tile  house  drains.     Chicago  plumbing  ordinance.     Eng.  News, 

1905-11-458;   1906-1-387. 
Standard  Plans  and  Specifications  for  Sewers,  Seattle,  Wash.,  by  R. 

H.  Thomson.     Eng.  Cont.,  July  26,  1911,  p.  99. 
Specifications  for  drain  tile  and  sewer  pipe  and  laying.     Iowa  State 

Drainage  Ass'n.     Eng.  Rec.,  1913-1-235. 
See  also  "Pipe,  Vitrified." 

Sidewalks,  Curb  and  Gutter — 

Standard  specifications  Nat.  Ass'n  of  Cement  Users.  Eng.  News,  1909- 
1-344;  Eng.  Cont.,  Jan.  20,  1909,  p.  52. 

Proposed  standard  specifications  for  Portland  cement  curb  and  gut- 
ter. Report  to  Nat'l  Ass'n  Cement  Users.  Eng.  Cont,  Feb.  23,  1910, 
p.  177. 

Standard  Plans  and  Specifications  for  Sidewalks,  Seattle,  Wash.,  by 
R.  H.  Thomson.  Eng.  Cont.,  July  12,  1911,  p.  36. 

Standard  specifications  for  Portland  cement  sidewalks.  (Adopted 
Jan.,  1908,  by  Nat.  Ass'n  of  Cement  Users,  Phila.,  Pa.)  Refer- 
ences: Civil  Engineering  Pocket  Book,  by  Frye,  p.  1117;  Engineer- 
ing Work  in  Towns  and  Cities,  by  McCullough,  p.  35. 

For  specifications  for  cement  sidewalk,  curb  and  gutter,  see  Hand 
Book  for  Cement  Users  ($3.00).  Municipal  Eng.,  28  S.  Meridian 
St.,  Indianapolis,  Ind. 

Specifications  for  concrete,  granite  and  blue  stone  curbs,  City  of 
Dover,  Del.  Municipal  Engineering,  Vol.  37,  1909,  pp.  186,  187. 

Granitoid  sidewalks,  St.  Louis.     Johnson,  p.  174. 

Specifications  for  Portland  cement  sidewalks.  Prescribed  for  Dept.  -3 1 
Public  Works,  Pittsburg,  Pa.  Municipal  Engineering,  Vol.  19,  July, 
1900,  pp.  16-18. 

Sieve — 

Cement  Sieve  Specifications,  by  R.  Y.  Ferner.  Work  of  Bureau  of 
Standards.  Eng.  Rec.,  1912-11-728. 

Signals — 

Standard  specifications  for  mechanical  interlocking  and  materials  for 
construction    work.     Covers     all     details     of    mechanical     signals. 
(Adopted  by  Ry.  Signal  Ass'n.)     A.  R.  E.  &  M.  W.  Ass'n,  1905-6- 
.  519;   1906-7-491;    1907-8-73. 
See  also  "Wire." 
Soap — See  "Chemicals." 


528  Appendix  D 

Spelter — see  "Zinc." 

Standpipe — see  "Tanks  and  Standpipes." 

Steam  Engines — 

Westinghouse  Elect.  &  Mfg.  Co.  Requirements  for  Parallel  Operation 
of  Alternators,  by  E.  M.  Tingley.  Eng.  News,  1902-1-498. 

Specifications  for  installation,  Engine  Bldrs.  Ass'n.  Eng.  News,  1901- 
1-457. 

Specifications  for  steam  engines.  Editorial  comment.  Essential  re- 
quirements, not  in  great  detail.  Engineers  sometimes  unfair,  etc. 
Eng.  Rec.,  Vol.  39,  April  1,  1899,  pp.  393,  394. 

Engines,  New  Orleans,  La.     Johnson,  p.  404. 

See  also  "Steam  Plant." 

Steam  Plant — 

Specifications  for  power  plants.  (Arranged  in  fourteen  sections.) 
Engineering  Magazine  Co.  Reference:  Engineering  Catalogues 
and  Specifications  (Power  Plant  Edition),  1913,  Specification 
Digest. 

(1)  General  Clauses,  p.  19. 

(2)  Boilers  &  Stacks,  p.  21. 

(3)  Gas  Producers,  p.  27. 

(4)  Steam  Fitting,  p.   29. 

(5)  Turbines,  p.  40. 

(6)  Steam  Engine,  p.  45. 

(7)  Internal  Combustion  Engines,  p.  49. 

(8)  Dynamos,  p.  52. 

(9)  Electric  wiring1,  p.  54. 

(10)  Switchboards,  p.  60. 

(11)  Storage  Battery,  p.  61. 

(12)  Refrigeration,  p.  63. 

(13)  Fuel,  p.  66. 

(14)  Lubricants  &  Lubrication,  p.  67. 

Specifications  for  the  new  waterside  power  house  of  the  New  Ycik 
Edison  Company.  Book  published  by  the  New  York  Edison  Co., 
1907.  Includes  specifications  for  the  following: 

(a)  Bulkhead  and  condensing  Water  Tunnels,  pp.  5-11. 

(b)  Foundations,  pp.  11-21. 

(c)  Structural  Steel  &  Iron  Work,  pp.  22-45. 

(d)  Superstructure,  pp.  46-153. 

(e)  Coal  and  Ash  Handling  Machinery,  pp.  154-168. 

(f)  Cranes,  pp.  169-184. 

(g)  Boilers  and  Superheaters,  pp.  185-195. 
(h)   Boiler  Fronts,  pp.  196-199. 

(i)   Grates,  pp.  200-203. 
(j)   Economizers,  pp.  217-220. 
(k)   Forced  Draft  Apparatus,  pp.  204-219. 
(1)   Feed  Pumps,  pp.  221-236. 
(m)  Turbo  Generators,  pp.  237-254. 


Bibliography  of  Specifications  529 

Steam  Plant — Continued. 

(n)   Condensers,  pp.  254-300. 
(o)   Piping,  pp.  301-347. 
(p)   Storage  Battery  Plant,  pp.  348-354. 
(q)   Electrical  Apparatus,  pp.  355-402. 

Steam  plant  of  a  small  electric  light  station,  engine  and  attachments. 
Johnson,  p.  240. 

Steam  Plant  Auxiliaries — 

Economizers,  New  Orleans,  La.     Johnson,  p.  413. 
Condensers  and  pumps,  New  Orleans,  La.     Johnson,  p.  411. 
See  also  "Steam  Plant." 

Steel — see  "Iron  and  Steel." 
Stone — see  "Rock." 

Surveys — 

Specifications  for  surveys  at  Swathmore,  Pa.     Eng.  News,  1894-11-13. 

Switchboard — see  "Electric  Railway." 

Tanks  and  Standpipes — 

Suggested  specifications  for  reinforced  concrete  water  tanks  for  rail- 
way water  supply.  Eng.  Cont.,  Apr.  12,  1911,  p.  410. 

The  Need  of  More  Care  in  the  Design  and  Construction  of  Elevated 
Tanks,  by  W.  O.  Teague.  Abstract  of  specifications  for  wood  and 
steel  elevated  tanks.  Trans.  A.  S.  M.  E.,  Vol.  35,  1913,  p.  920. 

Specifications  for  water  tanks.  (Submitted  and  recommended  as 
good  practice  by  a  committee  of  the  A.  R.  E.  &  M.  W.  Ass'n,  1910.) 
Reference:  Proc.  of  Ass'n,  Vol.  11,  part  2,  pp.  1144-1154. 

Material  and  Workmanship  of  a  Steel  Standpipe,  by  Win.  D.  Pence. 
Johnson,  p.  235. 

Specifications  for  Standpipes,  by  Wm.  L.  Pence.  Outline  of  tenden- 
cies of  standpipe  specifications.  Review  of  qualities  of  materials 
and  workmanship.  Eng.  News,  Vol.  33,  Feb.  28,  1895,  pp.  130-134. 

Specifications  for  a  reinforced  concrete  tank  at  Dandenong,  Victorian 
railways,  New  South  Wales,  Australia.  Proceedings  of  the  22nd 
annual  convention  of  the  Amer.  Ry.  Bridge  &  Building  Ass'n, 
pp.  78-82. 

Discussions  of  Standpipe  Specifications,  by  W.  C.  Parmley.  Eng. 
News,  1894-1-392,  431. 

Discussions  of  Standpipe  Specifications,  by  W.  D.  Pence.  Eng.  News, 
1895-1-130-136,  289-354. 

Specifications  for  standpipe  at  Peoria  111.     Eng.  News,  1894-1-286. 

Specifications  for  standpipe  at  Schenectady,  N.  Y.  Eng.  News,  1895- 
1-354. 

General  design  and  specifications  for  elevated  structural  steel  tower 
and  tank  for  Hamilton,  111.,  L.  P.  Wolff.     Eng.  Cont.,  June  19,  1912, 
p.  702. 
Telephone  Line — see  "Transmission  Line;"  "Wire." 


530  Appendix  D 

Tile,  Building — 

Specifications  Proposed  for  Hollow  Clay  Tile  Building  Blocks,  by  V.  G. 

Marani.     Eng.  News,  1912-1-248,  1912-11-629. 
Hollow  clay  tile  building  blocks  end  constructions.     Eng.  News,  1912- 

11-1016. 
See  also  "Buildings." 

Tile,  Drain — see  "Pipe — Vitrified;"  "Sewers." 
Timber,  Poles — see  "Transmission  Line." 

Timber,  Structural — 

Bridge  timber — Report  A.  R.  E.  &  M.  W.  Ass'n.     Eng.  News,  1905-1- 

323. 
Nomenclature    and    specifications    for    structural    timber.     Am.    Soc. 

Test.  Mat.     Eng.  Rec.,  1907-1-771. 

Standard    specifications    for    structural    timber.     Proc.    Am.    Soc.    Test. 

Mat.,  Vol.   7,  1907,  pp.   181-187. 
Standard    specifications    for    yellow    pine    bridge    and    trestle    timber. 

Proc.  Am.  Soc.  Test.  Mat.,  Vol.  10,  1910,  p.  159. 
Specifications  and  grading  rules  for  Douglas  Fir  timber.     An  analysis 

of  Forest  Service  tests  on  structural  timber.     Proc.  Am.  Soc.  Test. 

Mat.,  Vol.  11,  1911,  pp.  182,  183,  878. 
Douglas    fir.     Grading    and    specifications.     Eng.    News,    1911-11-373, 

380. 
Standard  Plans  and  Specifications  for  Timber  Trestles,  Seattle,  Wash., 

by  R.  H.  Thomson.     Eng.  Cont.,  Aug.  30,  1911,  p.  243. 
Specifications  for  Factory  Timbers,  by  F.  J.  Hoxie.     Trans.  A.  S.  M.  E., 

Vol.   35,  1913,  p.   526. 
Specifications   for  structural   timber.     Committe   report.     A.    R.    E.   & 

M.  W.  Ass'n,  1905-6-32. 
Specifications   for   bridge   and   trestle   timber   and   piling.     Committee 

report.     A.  R.  E.  &  M.  W.  Ass'n,  1906-7-685. 

Standard  specifications  for  bridge  and  trestle  timbers  for  solid  mem- 
bers.    Committee  report.     A.  R.  E.  &  M.  W.  Ass'n,  1908-9-317. 
Standard   specifications   for   southern   yellow   pine   bridge   and   trestle 

timbers.      (Final  form  recommended  by  committee  of  A.  R.  E.  &  M. 

W.   Ass'n,    for    approval,    1910.)     Now    adopted.     Reference:     Proc. 

of  Ass'n,  Vol.  11,  Part  1,  pp.   180,   181;    1911  Year  Book,  pp.  141- 

113. 
Standard  Specifications  for  Structural  Timber,  by  Ostrup,  McGraw-Hill 

Book  Company,  pp.  58-64. 
Standard  classification  of  structural  timber.      (Adopted  in  Chicago  on 

Sept.  1,  1907.)     Reference:     Handbook  for  Architects  and  Builders, 

Vol.  16,  1913,  p.  237. 
Grading  Rules  for  Yellow  Pine  Lumber   (copyrighted  1911  by  Yellow 

Pine    Manufacturers'   Ass'n.).     Reference:     A   Manual   of   Standard 

Wood  Construction,  No.   8861,   pub.   by  above  association,   Geo.   K. 

Smith,  Secy.,  Wright  Building,  St.  Louis,  Mo, 


Bibliography  of  Specifications  531 

Timber,  Structural — Continued. 

Definitions  relating  to  structural  timber.  (Recommended  for  adop- 
tion by  committee  of  A.  R.  E.  £  M.  W.  Ass'n,  1913.)  Reference: 
Proc.  of  Ass'n,  Vol.  11,  part  1,  p.  184.  Corresponds  to  specifications 
of  Am.  Soc.  for  Test.  Mat. 

Standard  specifications  adopted  by  the  American  Society  for  Testing 
Materials,  two  specifications.  1913  Year  Book,  pp.  300-306.  Note: 
Above  Year  Book  contains  all  standard  specifications  of  the  society, 
about  sixty-three  or  sixty-four  in  number. 

Classifying  Lumber,  Southern  Lumber  Manufacturers'  Association. 
Johnson,  p.  204. 

Grading  Finishing  Lumber,  Southern  Lumber  Manufacturer's  Asso- 
ciation. Johnson,  p.  207. 

Standard  Dimensions,  Southern  Lumber  Manufacturers'  Assocation. 
Johnson,  p.  211. 

Grading  Common  Boards  and  Rough  Lumber,  Southern  Lumber  Man- 
ufacturers' Association.  Johnson,  p.  209. 

Rules  governing  the  inspection  and  measurement  of  lumber  in  the 
St.  Louis  market.  Johnson,  p.  212. 

Thoroughly  seasoned  lumber.     Johnson,  p.    218. 

Pile  and  trestle  bridging,  Union  Pacific  Ry.  Co.     Johnson,  p.  238. 

Criticism  of  some  specifications.  Editorial  Comment.  Lack  of  defin- 
iteness.  Too  little  regard  for  commercial  classifications.  Eng. 
News,  Vol.  53,  Feb.  23  1905,  pp.  203-205. 

Specifications  for  lumber.  (Adopted  in  1910  as  recommended  prac- 
tice by  Amer.  Ry.  Master  Mechanics'  Ass'n,  Master  Car  Builders' 
Ass'n,  Railway  Storekeepers'  Ass'n,  and  various  lumber  manufac- 
turers' associations.)  Proc.  M.  C.  B.  Ass'n,  Vol.  45,  pp.  740-788. 

Timber,  Ties — 

Report  Am.   Ry.   Eng.   &   M.   W.   Ass'n   specifications   for   ties.     Eng. 

News,   1904-1-285. 
Standard  ties  in  United  States,  Canada  and  Mexico.     Eng.  News,  1900- 

11-142,  149,  215,  430. 

Oak  ties,  specifications  for.     Eng.  News,  1907-1-463. 
Specifications  for  ties.     Committee  report.     A.  R.  E.  &  M.  W.  Ass'n, 

1905,  Vol.  6,  p.  764. 
Specifications  for  ties,  tie  treatment,  etc.     Committee  report.     A.  R. 

E.  &  M.  W.  Ass'n,  1906,  Vol.  7,  p.  34. 

Timber  Tie  Markers — 

Specifications  for  dating  nail  for  marking  ties.     Report  of  committee. 
A.  R.  E.  &  M.  W   Ass'n,  1905,  Vol.  6,  p.  767;  1910,  Vol.  11,  p.  863. 
See  also  "Timber,  Treatment  of." 

Timber,  Treatment  of — 

Treating  Ties  with  Zinc  Chloride  and  Tar  Oil,  by  O.  Chanute.     Eng. 

News,  1900-11-80. 

Atchison,  Topeka  &  Santa  Fe  Ry.     Specifications   for  treating  Pacific 
coast  piling  and  timber.     Eng.  News,  1908-1-366. 


532  Appendix  D 

Timber,  Treatment  of — Continued. 

Wood — Preservative  Treatment,  by  Samuel  Whinery.  Eng.  News, 
1911-1-501. 

Specifications  for  tie  treatment.  Committee  report.  Zinc  chloride, 
zinc  tannin,  creosoting,  zinc  creosote.  A.  R.  E.  &  M.  W.  Ass'n,  190G, 
Vol.  7,  p.  31;  1907,  Vol.  8,  p.  47G;  revised  1910,  Vol.  11,  p.  737. 

Preservation  of  Railroad  Cross-Ties,  by  O.  Chanute,  Pres.  Anier.  Soc. 
of  Civil  Engineers.  Johnson,  p.  485. 

Testing  chloride  of  zinc  and  tar  oil.  Used  for  preserving  timber. 
Johnson,  p.  491. 

Impregnating  pine  railroad  cross-ties  with  a  chloride  of  zinc  solution 
with  an  addition  of  coal  tar  containing  carbolic  acid.  Imperial  rail- 
ways at  Strassburg.  Johnson,  p.  487. 

Impregnating  beech  and  oak  railroad  cross-ties,  with  hot  coal  tar  oil 
containing  carbolic  acid.  Johnson,  p.  487. 

See  also  "Oil,  Bitumious." 

Tires — 

Standard  specifications  for  steel  tires  for  locomotives,  etc.     Proc.  Am. 

Test.  Mat.,  Vol.  9,  1909,  p.  58. 
See  "Iron  and  Steel;"  "Railway  Rolling  Stock." 

Transmission  Lines — 

A  Specification  for  Line  Construction  on  Poles  Jointly  Used  by  Elec- 
tric Light  and  Telephone  Companes,  by  Paul  Spencer.  N.  E.  L.  A., 
31st  Conv.,  Vol.  I,  1908,  p.  537. 

Requirements  and  Specifications  for  Extra  High  Potential  Transmis- 
sion Lines,  by  A.  S.  Ives.  Covers  poles  and  appurtenances,  insula- 
tion, wire,  copper  and  aluminum  and  construction  features.  N.  E. 
L.  A.,  32nd  Conv.,  Vol.  II,  1909,  p.  389. 

General  Specifications  for  Underground  Electric  Conduit,  by  R.  E. 
Froisetti.  Eng.  Cont.,  Jan.  10,  1912,  p.  46. 

Specifications  for  wire  cables  for  electric  power  transmission.  Proc. 
Am.  Soc.  Test.  Mat.,  Year  Book  1910. 

Overhead  wire  crossings  in  Illinois.  New  laws  governed  by  the  Illi- 
nois railroad  commission.  Elec.  World,  Vol.  62,  p.  39. 

Telephone  aerial  lines.     Electric  World,  April  25,  1903. 

Specifications  for  furnishing  and  erecting  telephone  poles  and  appur- 
tenances at  various  localities  along  line  of  Catskill  aqueduct.  "Con- 
tract No.  83"  of  the  Board  of  W.  W.  of  the  city  of  New  York. 
(Pamphlet.) 

Specifications  for  steel  cross-arm  pins.  (Brought  before  the  Railway 
Signal  Ass'n  State  Meeting  March,  1912.  These  are  practically  the 
specifications  of  the  Western  Union  Co.)  Proc.  of  Ry.  Sig.  Ass'n, 
Vol.  9,  p.  A7-A13. 

Specifications  for  Overhead  Wires,  adopted  by  the  City  of  Seattle, 
Wash.,  by  H.  L.  Estep.  Eng.  News,  Vol.  67,  p.  523. 

Wiring.  Of  an  office  building,  specifications  for.  Building  of  modern 
type,  say  twenty  stories  high.  Wired  for  lights,  telephone,  electric 


Bibliography  of  Specifications  533 

Transmission  Lines— Continued. 

clock  connection,  messenger  calls  and  other  service.     Eng.  Rec.,  Vol, 
32,  Sept.  7,  1895,  pp.  261,  262. 

Electrical  distribution  circuits  for  light  and  power,  Austin,  Texas. 
Johnson,  p.  259. 

Specifications  for  overhead  crossings  of  electric  light  and  power  lines. 
(Recommended  by  committee  of  Nat.  Elec.  Light  Ass'n  in  1913.) 
Reference:  Papers,  reports  and  discussions  of  the  36th  annual  con- 
vention of  the  Nat.  Elec.  Light  Ass'n  Technical  Sessions,  pp.  560- 
580.  Note:  Creation  of  national  joint  committee  on  overhead  line 
construction  recommended. 

Specifications  for  High  Tension  Line  Construction  for  the  Oneida  Rail- 
way Co.,  New  York  State,  "Hydro  Electric  Developments  and  Engi- 
neering," by  Koester,  pp.  243-245. 

Also  see  "Wire." 
Tunnels — 

Tunnels.     Henry  S.  Drinker.     Haupt,  p.  161. 

See  also  "Railways;  and  "Excavation." 
Turbine  Water  Wheels — 

Turbine  water  wheels.     Water  power  system  of  Austin,  Texas.     John- 
son, p.  252. 
Turpentine — 

Tentative  specifications  for  turpentine.  Proc.  Am.  Soc.  Test.  Mat., 
Vol.  13,  1913,  p.  365. 

Proposed  specification  for  turpentine.     Proc.  Am.  Soc.  Test.  Mat.,  Vol. 

14,  1914,  p.  342. 
Valves — 

Standard  specifications  for  water  works  hydrants  and  valves  (Am.  W. 
Wks.  Ass'n).  Eng.  News  1913-11-265. 

Stop  valves.     St.  Louis  water  department.     Johnson,  p.  200. 

See  also  "Hydrants." 

Viaduct— 

Kingshighway — Reinforced   Concrete,   St.   Louis,   Mo.,  by   Mont.   Schuy- 

ler.     Eng.  News,  1912-1-1228. 
See  also  "Bridge." 

Water  Meters — 

Specifications  of  Baltimore,   Md.     Eng.   News,    1902-11-356. 
Specifications  governing  purchase  of  water  meters  of  the  disc  type. 

San  Diego,  Cal.  (materials  and  details).     Eng.  Cont.,  Sept.  23  1914, 

p.  291. 
General  specifications  under  which  3,"  4"  and  6"  meters  of  velocity 

and  disc  types  are  purchased  by  St.  Louis  Water  Dept.     Eng.  Cont., 

Feb.  25,  1914,  p.  243. 

Water  Proofing — 

Specifications  for  water  proofing  engineering  structures  with  bitumin- 
ous membranes.  Paper  before  W.  S.  E.,  by  W.  H.  Finley.  Eng. 
Cont.,  July  10,  1912,  p.  39. 


534  Appendix  D 

Water  Proofing — Continued. 

Specifications  lor  water  proofing,   Penn.   R.   R.   Terminal,   New   York. 

Trans.  A.  S.  C.  E.,  Vol.  69,  p.  211    (1910). 

Water  proofing  of  masonry  and  bridge  floors.  Condensed  report  of 
committee  to  Am.  Ry.  Eng.  Ass'n.  Eng.  Cont.,  Mar.  25,  1914, 
p.  350. 

Water  Purification  Plant — 

Specifications  for  plant  and  material  to  sterilize  Buffalo  water  supply 
by  hypochlorite  of  lime  or  liquid  chlorine  (reprint  of  city  specifica- 
tions). Eng.  Cont.,  Mar.  11,  1914,  p.  297. 

Water   Works — see   "Pumping   Machinery;"    "Steam    Plant;"    "Cast    Iron 
Pipe;"  "Hydrants;"  "Valves." 

Wells — 

Specifications  for  driving  12"  wells  in  water  bearing  sands  at  San 
Diego,  Gal.  Abstracted  from  specifications  by  Maj.  Herding.  Eng. 
Cont,  June  3,  1914,  p.  639. 

Pump  well.     Method  of  sinking  well.     Johnson,  p.   249. 

Wire — 

Wire  for  Electric  Transmission  Lines,  by  P.  A.  C.  Perrine  and  F.  G. 
Baum.  Eng.  News,  1900-11-215. 

Specifications  for  Telephone  and  Other  Low  Tension  Wires  Crossing  Rail- 
way Tracks  in  Use  by  Bell  Telephone  Co.  of  Canada,  by  E.  E.  Par- 
sons. Eng.  News,  1906-11-496. 

Specification  for  hard  drawn  copper,  desirability  of  standard.  Eng. 
News,  1908-11-32;  1909-11-56. 

Hard  drawn  copper,  notes  on,  annual  meeting  Am.  Soc.  Test.  Mat. 
Eng.  News,  1911-11-34. 

Specification  for  overhead  wires,  Seattle  (pole  lines).  Eng.  News, 
1912-1-523. 

Standard  specifications  for  hard  drawn  copper  wire.  Proc.  Am.  Soc. 
Test.  Mat.,  Vol.  9,  1909,  p.  311. 

Specifications  for  aluminum  wire.  Am.  Soc.  Test.  Mat.,  Year  Book 
1910. 

Line  wire.  Recommended  specifications  for  thirty  per  cent  conductiv- 
ity hard-drawn  copper-clad  steel  line  wire.  (Discussed  at  1912 
meeting  of  Ry.  S.  Ass'n  and  committee  asked  to  revise  somewhat.) 
Proc.  of  Ry.  Signal  Ass'n.  Vol.  9,  pp.  79,  80. 

Signal  wire.  Specifications  for  rubber  insulated  signal  wire  for  cur- 
rent of  660  volts  or  less.  (Adopted  by  Railway  Signal  Ass'n  in 
1911.)  Proc.  Am.  I.  E.  E.,  Sept.,  1911,  Vol.  30,  No.  9,  pp.  2039- 
2042.  Proc.  of  Ry.  Signal  Ass'n,  Vol.  8. 

Bonding  wires.  Recommended  specification  for  copper-clad  steel 
bonding  wires.  (Report  of  committee  discussed;  specifications  not 
adopted  at  the  1912  meeting  of  the  Ry.  Signal  Ass'n,)  Proc.  of  the 
Ry.  Signal  Ass'n,  Vol.  9,  pp.  81,  82. 

See  also  "Transmission  Line." 


Bibliography  of  Specifications  535 

Wiring — see  "Transmission  Line." 

Wood  Preservatives — see  "Oil;"  "Timber  Treatment." 

Zinc- 
Zinc.     Abstract  of  Pennsylvania  R.  R.  specifications  for  materials.     In 
practical  use  for  several  years.     Reprint  recommended  by  Soc.   of 
Automobile     Engineers     standard     committee,     1911.)     Reference: 
Trans,  of  the  Soc.  of  Automobile  Engineers,  Vol.  6,  pp.  400-445. 
Standard  specifications  for  spelter.     Adopted   1911.     Proc.   Am.   Soc. 

Test.  Mat.,  Vol.  11,  1911,  p.  146. 
See  also  "Galvanizing." 


INDEX 


Abandoment, 

contract,  263. 

contract  clause,  263. 
Ability, 

and  success,  17. 

personal,  49. 

promotion,  29. 

Abbreviations  in  Letters,  99. 
Acceptance, 

identical  with  offer,  152. 

mode  of,  153. 

time  of,  152. 

work,  249. 
Acquaintance, 

securing  position,  46. 
Address, 

contractors,  260. 
Address  of  letters,  99. 
Advancement, 

fitness  for,  50. 
Advertising  Contract,  204. 
Advertising, 

position,  46. 
Advertisement, 

analysis,  206. 

example,  212. 

fairness   in  publishing,  205. 

medium  for,  204. 

nature  of,  204. 

outline,  206. 

publishing,  205. 

purpose,  204. 

time  allowed,  207. 

use  of,  226. 
Agent, 

authority  of,  130. 

contractors',  260. 

engineer  as,  130. 
Agreement  (see  Contract), 

articles  of,  229. 

bond,  234. 

clauses,  general,  229. 

contracts,  224. 

discharge  of  contract,  163. 

exhibits,  231. 

form  of,  227. 


Agreement — Con. 

legal  requirements,  230. 

liquidated  damages,  233. 

mutuality,  235. 

necessity  of  written,  222. 

outline,  229. 

parties  to,  230,  231. 

payment,  233. 

preparation  of,  11. 

signature,  234. 

systematic  methods   of,  227. 

time  of  completion,  232. 

written  executory  contract,  226. 
Alteration  of  written  instrument,  164. 
Altoona  Laboratories,  302,  308,  316. 
Aluminum, 

investigation  of,  322. 

outline  specifications,  324. 
Aluminum,  Wire, 

specifications,  325. 
Ambiguous  specifications,  285. 
American  Bankers'  Association,  34. 
American  Institute  of  Architects,  58. 

arbitration,  201. 

bidding  statistics,   177. 

canons  of  ethics,  67. 

professional  practice,  58. 
American  Institute  of  Consulting  En- 
gineers, 

code  of  ethics,  68. 

American  Institute  of  Electrical  En- 
gineers, 

code  of  ethics,  69. 
American   Public   Works   Association, 

192. 
American  Society  of  Civil  Engineers, 

code  of  ethics,  73. 

standard  specifications,  304. 
American  Society  of  Engineering  Con- 
tractors, 190. 

American  Society  of  Mechanical  En- 
gineers, 

code  of  ethics,  73. 
American   Society  Testing   Materials, 

specifications,  320. 

work  of,  308. 


538 


Index 


Analysis  of  advertisement,  206. 
Analysis,  Specifications,  296. 
Analysis,  outline  for  writing,  87. 
Analysis,  personal,  22. 
Analysis,  decision  of  court,  116. 
Appearance,  personal,  27. 
Appendix,  in  report,  111. 
Application,  letters,  45. 
Appraisal,  39. 

bias  in,  33. 

public  utilities,  141. 
Aqueduct  Commission,  New  York, 

progress  clause,  268. 
Arrangement, 

logical  in  writing,  88. 
Arbiter,  Engineer  as,  3,  6,  130,  198. 
Arbitrary  Specifications,  286. 
Arbitration, 

court  review,  199. 

legality,  156. 

progress  of,  201. 

right  to,  251. 

Architect,  absurd  provision,  283. 
Architectural  Specifications  (see  Spe- 
cifications Engineering  Work). 
Assignment,  contract,  262. 
Assignment  and  Subletting. 

contract  clause,  262,  288. 
Assignments  for  students, 

earth  and  rock  work,  352. 

fundamental  processes,  354. 

machinery  specifications,  367. 

specifications      for      engineering 
work,  400. 

specifications  for  materials,  325. 
Association,  bias  of,  33. 
Authority, 

of  agent,  130. 

of  engineer,  243. 

Backfilling,  347. 
Bias, 

association,  33. 
attorney,  134. 
engineer,  198. 
engineer  in  contract,  244. 
engineer  in  litigation,  133. 
judgment,  55. 
judges,  139. 
legal  adviser,  134. 


Bias — Con. 

local  experience,  31. 

personal,  30. 

personal  experience,  31. 

personal  interest,  32. 

prejudice  and  judgment,  219. 

recognition  of,  33. 

special  knowledge,  30. 

technical  witness,  137,  138,  140. 
Bibliography  of  specifications,  485. 
Bids,  indefinite  specifications,  285. 
Bidders, 

instructions  to,  211. 

low,  securing,   189. 

opening,  207. 

receiving  and  opening,  218. 
Bids,  competitive, 

desirability,  187. 

dishonesty,  187. 

injustice,  188. 

low,  securing,  189. 

plans  for,  189. 

plans  for,  189. 

restricted   lettings,   188. 

waste  in,  177. 
Public  work, 

security  with,  185. 
Bilateral   contract,   146. 
Blackstone,  117,  145. 
Bock,  C.  A.,  102. 
Boiler, 

general  requirements,  361. 

outline  specifications,  369. 

specifications,  380. 
Bond, 

agreement,  234. 

contract,  229. 

contract  clause,  256. 

form  of,  257. 

investment,  36. 
Borrow  pits,  243. 
Bracing  trench,  348. 
Breach  of  contract, 

remedies,  165. 
Bridge, 

specification  outline,  409. 
Bridge,  substructure, 

specification  outline,  408. 


Index 


539 


Building, 

outline  specifications,  402. 
Business, 

attention  to,  27. 

engineer  in,  57. 

finance  and  engineering,  38. 

transaction,  contract,  145,  222. 
Business  letters,  99. 
Businessmen,  construction  by,  176. 

Canal  excavation,  350. 
Capabilities,  personal,  9,  21. 
Casualties,  construction,  170. 
Catskill  aqueduct, 

specifications,  309. 
Certified  check,  185. 
Character,  developn  ent,  16. 
Character  of  workmen,  271. 
Characteristics,  analysis  of,  22. 
Chicago  Architects'  Business  Associ- 
ation, 

arbitration,  201. 
Chicago  Drainage  Canal, 

specifications,  333. 
Choice  of  words,  90. 
Circuit  court,  116. 
Citizen,  engineer  as,  57. 
Civil  law,  114,  122. 
Civilization,  origin,  112. 
Claims, 

contract  clause,  262. 

protection  against,  262. 
Clark,  Wm.  L.,  164. 
Classification, 

excavation,  336,  339. 

positive  law,  123. 
Clauses,      Contract      (See      Contract 

Clauses). 

Clearing  and  grubbing,  346. 
Client, 

duties  toward,  55. 

interest  in  report,  107. 
Code  of  Ethics,  67. 
Collaboration,  29. 
Collusion, 

occurrence  of,  207. 
Combination, 

contractors,  187. 
Combinations,  illegal,  171. 
Commercial  engineer.  4, 


|  Commercial  positions,  53. 
Commission,  Public  Utility,   141. 

politics,  142. 

technical  advice,  142. 

value  of,  142. 
Common  law,  114. 

origin,  etc.,  121. 
,  Competition,  advantages,  187. 

apparent,  188. 

injustice,  188. 

justice  in,  188. 

suppressing,  157. 

Competency,  parties  to  contract,  149. 
1  Completion, 

contract,  tine  and  order,  235. 
(  Concentration,  28. 
Conditions, 

general  of  contract,  236. 
Conduct  of  work, 
I          contract  clause,  270. 
i  Consideration,  valuable, 

constitution  of,  155. 

definition,  155. 

necessity  for,  149. 

negotiable  instrument,   153. 

sealed  instrument,  156. 

sufficiency,  156. 
Constitution  of  states,  118. 
Constitution  of  United  States,  118. 
Construction, 

casualties,  170. 

contingencies,  170. 
Construction,  plant, 

contract  clause,  273. 
Construction,     Contract      Literature, 

182. 
Construction,  Contract,  New  England, 

174. 
Construction, 

day  labor  and  contract,  167. 
Construction,   Day    Labor   Literature, 

182. 
Construction, 

equipment,  170. 

force  account  172,  173,  174,  176. 

graft,  172. 

illegal  combinations,  171. 

labor,  171. 

legal  combinations,  172, 


540 


Index 


Construction — Con. 

local   conditions,   effect,   169. 

low  bidding,  178. 

material,  171. 

plans  for,  169. 

politics,  172. 

responsibility  in,  175. 

specifications,   170. 

supervision,  171. 

transportation,  170. 

uncertainties  in,  167,  168. 

waste  in  bidding,  177. 
Consultation,  56. 

technical  witness,  136. 
Contingencies, 

estimated  costs,  397. 
Contingencies  in  Construction,  170. 
Contract, 

acceptance  of  letter,  224. 

access,  239. 

advertisement,  outline,  706. 

advertisement,  unfairness,  206. 
see  Advertisement. 

advertising  and  letting,  204. 

agreement,  discharge  by,  163. 

agreement  for,  227. 
see  Agreement. 

alteration,  discharge  by,  164. 

approval  preliminary,  249. 

arbitration,  251. 

arbitration  clauses,  201. 

arbitration,  dispute,  199. 

arbitration,  legality,  154. 

authority  of  engineer,  243. 

avoidable,  153,  154. 

bankruptcy,  discharge  by,  164. 

bids,  receiving  and  opening,  219. 

bilateral,  146. 

bond,  229,  234. 

bond  and  sureties,  256. 

breach,  remedies,  165. 

business  deal,  145. 

changes  in  work,  240. 

classification,  145. 

clauses,       259,       (see       Contract 
Clause). 

clearness  in,  83. 

collateral  work,  239. 

competency  of  parties,  149. 


Contract — Con. 

compounding   crime,    157. 

construction  work  literature,  202. 

corporations,   151. 

defining  and  explaining,  248. 

definition,  145. 

discharge  of,  159. 

discharge  by   performance,   160. 

discrepancies,  241. 

drawings,  228. 

drunken  persons,  151. 

duress,  154. 

elements  of,  145. 

employment,  126. 

encouraging   litigation,  157. 

essentials,  149. 

executed,  146. 

executory,  145. 

exhibits  with,  231. 

express,  146,  22. 

first    party    to    furnish    material, 

243. 

fixed  price,  175. 
hazards,  174. 
force  account,  176. 
formal,  224. 

form  of  agreement,  227. 
fraud,  153,  157. 
general   conditions,  236. 
gift   not    consideration,    156. 
good  faith  in,  198. 
guarantee  bond,  256. 
illegal  provision,  283. 
imperfect  work,  retention,  256. 
implied  or  inferred,  146. 
influences  in  letting,  219. 
injustice  in,  196. 
inspection  and  supervision,  238. 
inspectors,  245. 
instructions,  details   of,  212. 
instructions  to  bidders,  211. 
interpretation,  159. 
invention,  157. 
joint,  147. 

joint  and  several,   147. 
jurisdiction  of  court,  156. 
justice  and  equity,  199. 
law,  discharge  by,  164. 
laws  of,  12,  119,  121. 


Index 


541 


Contract — Con. 

legal   document,   145. 

legal  guardianship,  151. 

letter  as,  223. 

letting,  formalities,  207. 

letting  work,  219. 

liquidated  damages,  159. 

lines  and  grades,  247. 

literature,  166,  275. 

lump  sum,  175. 

methods  and  equipment,  249. 

minor,  149. 

misrepresentation,  153. 

mode  of  acceptance,  153. 

mutuality,  149,  243. 

mutuality,  importance,  234. 

necessaries  for  n  inor,  149. 

necessity  of  written,  222. 

negotiable  instrument,  156. 

offer  and  acceptance,  152. 

oral,  148. 

ordnary  transaction,  222. 

outline,  236. 

parol,  148. 

parties  to,  149. 

payments,  233,  252. 

penalties,  159. 

performance,  160. 

performance,    impossibility,    160. 

performance,    substantial,    162. 

personal  skill,  231. 

power  of  engineer,  130. 

proposal,  form  of  208. 

public  health  injury,  158. 

quasi,  146. 

requirements  for  valid,  225. 

reservoir,  416. 

retained  payment,  256. 

revokation  of  offer,  153. 

sample,  416. 

sealed  instrument,  156. 

several,  147. 

signature,  234. 

specialty,  148. 

statute  of  frauds,  149,  158. 

statute  of  limitations,  165. 

subject  matter,  lawful,  156. 

substantial  performance,  162. 

sufficiency   of   consideration,   156. 


Contract — Con. 

supervision  of  work,  245. 

supplementary,  241. 

suppressing  competition,  157. 

tender  of  performance,  160. 

time  of  acceptance,  152. 

unenforceable,  148. 

undue  influence,  154. 

unilateral,  146. 

unsound  mind,  151. 

usurious  interest,  158. 

valid,  148. 

valuable  consideration,  149,  155. 

void,  148. 

voidable,  150. 

void  clause,  235. 

written,    148,   158. 

written  executory,  225. 
Contract,  Advertisement   (see  Adver- 
tisement) . 

Literature,  220. 

Contract,  Agreement  (see  agreement). 
Contract  Clause, 

abandoment  and  forfeiture,  263. 

advertisement,  212. 

agreement,  229. 

arbitration,  251. 

assignment,  288. 

assignment  and  subletting,  262. 

bond,  256. 

change  in  work,  240. 

character  of  workmen,  271. 

construction  plant,  273. 

contractors'  buildings,  274. 

defects  in  work,  273. 

definitions,  238,  248. 

discrepancies,  242. 

discontinuing  work,  265. 

emergencies,  249. 

estimate,  214. 

estimates  and  payment,  252. 

extra  work,  240,  255. 

forfeiture,  265. 

form  of  proposal,  209. 

hindrance  and  delay,  272. 

inspectors,  246. 

inspectors  and  assistants,  245.. 

instructions  to  bidders,  212. 

interested  persons,  259. 


542 


Index 


Contract  Clause — Con. 

intoxicants,  274. 

keeping  plans  accessible,  270. 

liquidated  damages,  265,  269. 

lines  and  grades,  247.  . 

losses  and  damages,  271. 

material  furnished  by  first  party, 
243. 

miscellaneous    requirements,   217 

modify   methods   and    equipment. 

250. 

payments,  delayed,  252. 

plans  and  specifications,  218. 

preliminary  approval,  249. 

price  for  work,  255. 

progress  rate,  265. 

protection  for  work,  271. 

qualification  of  bidders,  218. 

quantities  and  measurement,  247. 

recommended  in  England,   199. 

rejection  of  bids,  215. 

reservations,  214. 

retaining  imperfect   work,  250. 

right  of  access,  239. 

sanitation,  274. 

security  with  bid,  215. 

security   with    contract,   217. 

stating  prices,  214. 

supervision,  239,  145. 

sureties,  256. 

time  and  order  completion,  265. 
Contract,  construction,  167,  184. 

competitive  bids,  187. 

fixed  sum,  168. 

injustice  in  letting,  188. 

low  bids,  189. 

negotiations,  187. 

New  England,  174. 

uncertainties  in,  167. 
Contract,  Cost  Plus,  178,  180. 

objections   to,    179,    180. 

premium,  181. 
Contract,  discharge. 

agreement,  163. 

alteration,  164. 

bankruptcy,  164. 

breach  of  contract,  164. 

impossibility      of       performance, 
161. 


Contract  discharge — Con. 

operation  of  law,  164. 

performance,  160. 

release,  163. 

statute  of  limitation,  165. 

substantial  performance,    162. 

tender   of   performance,   ICO. 
Contract,  private  work,  184. 

restricted   lettings,    188. 

requirements  for,  186. 
Contract,  public  work,  184. 

advertisement,  204. 

American  Public  Works  Associa- 
tion, 192. 

American      Society     Engineering 
Contractors,  190. 

departure  from,  185. 

desirable   requirements,    190. 

extra  work,  185. 

formalities,  207. 

invalid,  186. 

literature,  202. 

preparation  of,  186. 

Richard  Morey,  189. 

risk,  186. 

security  with,  185. 

valid  contract,  184. 
Contractors, 

abilities  of,  197. 

address,  260. 

agent  of,  260. 

bias  in  relations,  33. 

employment  by,  174. 
Contractor,  Engineer  as,  4. 
Contractor, 

engineers'   importance,   169. 

estimates  of  cost,  399. 

expense  of  bidding,  177. 

honesty  of,  196. 

injustice  to,  196. 

interst  in  work,  167. 

personal   attention,   230. 

point  of  view,  197. 

reputation,  175. 

responsibility,  259,  286,  T02,  312. 

rights  of,  193. 

servant,  287. 

treatment  of,  131, 


Index 


543 


Contractor — Con. 

unfairness,  198. 

unfair  treatment,  33. 
Contractor's  Buildings, 

contract  clause,  274. 
Copying  specifications,  298. 
Corporations, 

competency  of  contract,  151. 

law,  119. 

opportunities,  52. 
Correct  specifications, 

basis,  313. 
Cost, 

construction,  167. 

effect   of   short   time   in   bidding, 
208. 

effect  of   specifications,  301,  303, 
389. 

effect     of     unfair     specifications, 
285,  287,  289. 

estimates   for   engineering   work, 
297. 

factors  of,  398. 

published  data,  398. 
Cost-plus,  contract,  178,  180. 
Cost, 

uncertainties,  168. 

appeal  from  decision,  116. 
Court, 

bias  of,  139. 
Court,  Circuit,  116. 
Court,  common  law,  116. 

decisions  effect  on  law,  115. 

enforcement  of  law,  124. 

engineer  in,  5,  131. 

exclusion  of,  244. 

interpretation    of  words,  93. 

jurisdiction  in  contract,  156. 
Court  of  Appeals,  117. 
Court  of  Equity,  118. 
Courts,  presenting  case,  133. 

regard  for  precedent,  116. 

review  of  decision,   199. 

Roman,  early,  136. 
Court,  Suprerre,  117. 
Court,  United  States  Circuit,  117. 
Crime,  compounding,  157. 
Criminal  law,  122. 
Criticism  in  reports,  107. 


Criticism,  specifications  for,  290. 
Customs,  effect  on  law,  114. 

Damages,  contract  clause,  261. 

protection  against,  261. 

responsibility,  271. 
Damages,  liquidated,  159,  265. 

agreement,  233. 

contract  clause,  269. 

validity,  269. 
Data,  use  in  reports,  110. 
Day  labor,  construction,  167. 

advantages,  168. 

literature,  182. 
Day's  work,  defined,  266. 
Decision,  court, 

appeal  from,  116. 
Decision,  judicial, 

bias  in,  139. 

influence  of,  116. 

common  law  development,  115. 
Defective  work,  250. 
Defects  and  remedies, 

contracts  clause,  273. 
Definite  specifications,  302. 
Definitions, 

contracts,  interpretations,  238. 
Definitions  of  law,  119. 
Delay,  contract  clause,  272. 
Design,  basis  of,  393. 

false  economy,  395. 

investigation  for,  394. 

ownership,  131. 

specifications  for,  10,  445. 
Detailed  specifications,  300. 
Development  of  product,  305. 
Development  of  specifications,  305. 
Diagrams,  graphical, 

use  in  reports,  110. 
Discharge  of  contract,  159. 
Discharge  of  employe,  127. 
Discontinuing  work,  265. 
Discrepancies,  in  plans,  241. 
Disposition,  personal,  29. 
Disputes, 

arbitration,  199. 

contract  clauses  for,  199. 
Divine  law,  113,  119. 
Drawings, 

basis  of  specifications,  299,  445. 


544 


Index 


Drunken  person, 

competency  to  contract,  151. 
Drawings, 

contract,  228. 
Dredge  work,  346. 
Dudley,  Dr.  C.  B., 

conclusions,  320. 
Duress,  154. 
Duty, 

of  engineer,  3,  54. 

professional  practice,  58. 

to  clients,  55. 

to  profession,  56. 

to  society,  57. 

to  subordinates,  54. 

Earthwork, 

specifications,  330. 
Ecclesiastical  law,  defined,  120. 
Economics, 

expediency,  39. 

management,  39. 

selection,  39. 

worth,  39. 
Economy, 

habits,  35. 
Eddy,  H.  P.,  174. 
Education  and  success,  17. 
Education,  broad,  8. 
Education,  Engineering,  6. 
Education,  Engineering  school,  8. 
Education, 

importance,  43. 

judgment  and,  9. 

limitations  of,  8. 

literature,  14. 

object  of,  43. 

opportunities,  44. 

specialization,  7. 

technical  men,  88. 
Electric  Generator, 

requirements  for,  366. 
Embankment  consolidation,  347. 
Emergencies, 

contract  for,  249. 
Employment, 

acceptance,  48. 

advantages  of  different,  52. 

as  a  contract,  126. 


Employment — Con. 

classes  of,  51. 

contractor,  174. 

letters  of  applications,  120,  103. 

selection,  49. 

termination,  126,  127. 

warranty  of  acceptance,  127. 
Employment,  professional,  127. 

liability  in,  127. 

warranty  of  acceptance,  127. 

Engine, 

general  requirements,  363. 

specifications,  382. 
Engineer,  advancement  of,  2.     . 
Engineer, 

agent,  130. 

agent  of  owner,  244. 

Engineer  and  legislation,   5. 
Engineer, 

arbiter,  6,  130,  198,  244. 

arbitrary  management,  286. 

attorney,  collaboration  with,  134. 

authority,  130,  243. 

authority  in  emergencies,  240. 

authority  to  interpret,  248. 

authority  to  modify,  249. 

authority     to     retain     imperfect 
work,  250. 

bias  in  litigation,  133. 

business,  57. 

citizen,  57. 

classes  of  employment,  51. 

classification   of   excavation,   341. 

consultation    in  litigation,  132. 

contractors  uncertainty,  169. 

decision  of,  199. 

decision  and  arbitration,  251. 

decision  arbitrary,  286. 

defining  terms,  248. 

disinterestedness,  198. 

duty  of,  3. 

duty,  professional,  56,  142. 

duty  to  subordinates,  54. 

effect  on  cost  of  work,  168. 

estimates  of  cost,  396. 

estimator,  178. 

expert  judge,  244. 

expert  witness,  5. 


Index 


545 


Engineer — Con. 

explaining  plans,  248. 

first  position,  47. 

function  of,  1. 

ideal  of  young,  27. 

in  commercial  life,  4. 

inspector,  245. 

installation,  5. 

interest  in  report,  107. 

job,  44. 

judgment,  9,  199,  280. 

knowledge  of  law,  11. 

knowledge  of  men,  9. 

knowledge,  special,  7. 

knowledge  requirements,  7. 

legal  knowledge,  12. 

legal  proceedings,  131. 

legality  in  public  contract,  186. 

letters  of  application,  100. 
lines  and  grades  by,  147. 
loyalty,  55. 
opportunities  of,  40. 
ownership  of  plans,  131. 
owner's  uncertainty,  169. 
private  practice,  53. 
promotion,  44. 
professional  duty,  142. 
professional  improvement,  39. 
public  utility  commission,  142. 
qualifications  as  witness,  137. 
reports  by,  5. 
requirements  of,  81. 
responsibility,  175. 
reviewing  reports,  6. 
"Satisfaction  of",  307. 
selection,  168. 
services,  liability  in,  129. 
supervision  of  work,  245. 
unfairness,  198. 
work  of,  3,  43. 
work  of — literature,  61. 
Engineering, 

business  and  finance,  38. 
education,  6,  43. 
failures,  110. 
field  of,  1. 
language,  82. 
Engineering  news, 

definite  specifications,  284. 


Engineering    positions,    2,    44;      (See 
"Position"). 

precise  use  of  words, 
relations,  2. 
schools,  8. 
success,  16. 

success  of  projects,  109. 

societies, 

work  of  46. 
Engineering, 

vernacular,  96. 
Engineering  works, 

parties  connected,  197. 
Engineering  work  specifications.  (See 
specifications,   Engineering   Work.) 
English, 

agreements,  11. 

knowledge  of,  10. 

specifications,  278. 

use  of,  81. 

value  of,  81. 

Equipment  construction,  170. 
Equity  Courts,   118. 
Estimates, 

importance,  396. 
Estimates  and  payments,  252. 
Estimator,  178. 
Ethics,  64. 

code  of,  67. 

development,  64. 

ignorance  of,  65. 

individual  principles,  65. 

literature,  14,  80. 

observance,  197. 

question  in,  74. 

receiving  bids,  189. 

reports,  107. 

social  conditions,  64. 

technical  witness,  136. 
Ethical  relations,  12,  63. 
Evidence,  expert, 

changes  desirable,  139,  141. 

value  of,  138. 
Examination, 

danger  of  cursory,  108. 
Example  of  investigation,  322. 
Executed  contract,  146. 
Executory  contract,  145. 


546 


Index 


Expediency, 

economic,  39. 

Expense, 

bidding  for  work,  178. 

Experience, 

and  success,  17. 

bias  of,  31,  137. 

opportunity,  50. 

private  practice,  54. 
Expert,  necessity  of,  131. 

testimony  (see  evidence,  expert). 

witness,  engineer  as,  5. 

witness   (see  Witness,  technical). 
Express  contract,  146. 
Extra  work,  185,  391. 

calculation  of,  254. 

definition,  253. 

literature,  277. 

provision  for,  240. 

unfair  provision,  283. 

Excavation,  specifications,  330. 
assignment  on,  352. 
beginning  work,  346. 
blasting,  etc.,  350. 
borings  and  sounding,  338. 
borrow  pits,  346. 
bridge  abutment,  338. 
channel  or  ditch,  332. 
Chicago  Drainage  Canal,  333. 
classification,  336,  339. 
classification  by  engineer,  341. 
specifications, 

completion  and  maintenance,  352 
description,  332. 
dimensions,  334. 
disposal  of  material,  351. 
division  of  contract,  335. 
embankment,   334,   343. 
extra  excavation,  336,  345. 
general  description,  332. 
grade,  335. 
location,  332. 
materials,  335. 
overhaul,   351. 
protecting  work,  348. 
quantity   and  measurement,   336, 

343. 
railroad  grading,  333. 


Excavation,   specifications — Con. 
refilling,  343. 
rolling  and  tamping,  347. 
shrinkage,  336,  344. 
street  grading,  333. 
substructure,  333. 
trench,  332. 
tunnel,  395. 
wells,  338. 

Factors  of  success,  18. 

Family  and  success,  16. 

Failures,  engineering  projects,  159. 

rraterials,  316. 
Filling  embankment,  350. 
Finance,    business    and    engineering, 

38. 

Financial  success,  34. 
Fixed  sum,  contract,  168. 
Force   account   construction,  172. 

advantages,  173. 

New  England,  174. 
Foreign   service,  53. 
Forfeiture,  contract,  263,  265. 
Formalities  in  contract,  207. 
Formulas,  limitations,  9. 
Fraud, 

arbiter,  130. 

contract  promoting,  157. 

defined,  153. 

elements  of,  154. 

private  practice,  54. 

reporting   discovery,   108. 

statute  of,  149,  158. 
Friends,  and  success,  16. 
Functions  of  engineer,  1. 
Fundamental  processes,  330. 


Generalities  in  specifications,  307. 
Gift, 

definition,  156. 
Gillette,   classification   of   excavation, 

336. 

Golden  Rule,  witness,  143. 
Governmental  service,  53. 
Grading,  (See  Excavation). 
Graduate,  capabilities,  8. 
Graduates,  value  of,  44. 
Graft,  construction  work,  172. 
Guarantee,  bond,  256. 


Index 


547 


Guarantee,  literature,  276. 
responsibility  in,  302. 
value  of,  316. 

Guardianship,  competency  to  contract, 
151. 

Handwriting,  importance,  100. 
Heading  of  letters,  99. 
Health,  and  success,  17. 
Health,  contract  to  injure,   158. 
Hearer   of  Reader,  capacity,   82. 
Hindrance,   contract   clause,   272. 
Honesty,  basis  of  success,  65. 

business  relations,  198. 

contractor,  196. 

indefinite  specifications,  207,  282. 

inspection  of  work,  289. 

legal  proceedings,  140. 

necessity,  56. 

policy  of,  13. 
Human  law,  113. 
Huston,  L.  A.,  115. 

Ideal,  young  engineer,  27. 

Ignorance     and     indefinite     specifica- 

cations,  302. 
Ignorance  of  law,  187. 
Implied  contract,  146. 
Importance  of  man,  47. 
Improvement,    opportunities    for,    40 
48. 

professional,  39. 
Income,  and  success,  16. 
Indefinite  specifications,  283. 
Indeterminate  specifications,  284. 
Individual  principles,  65. 
Inferred  contract,  146. 
Influences,  position,  46. 
Insane    person,    competency    to     con- 
tract, 151. 
Inspection,  authority  in,  246. 

covered  work,  289. 

literature,  276. 

properties,      determination,     314, 
315. 

responsibility  in,  239. 
Inspector,  authority,  246. 

preliminary  approval,  249. 

prerogative  of,  281. 
Installing  engineer,  5. 


Institution  of  municipal  engineers, 

recommended  clause,  199. 
Instructions,  details  of,  212. 
Instructions  to  bidders,  211. 

example,  213. 

Instructions,  for  reports,  106. 
Instructional  work,  opportunities,  53. 
Interest,  bias  of,  32,  55. 

in  work,  47. 

usurious,  158. 
International  law,  114. 

defined,  120. 

Interpretation  of  contract,  159. 
Interpretation  of  phrases,  238. 
Intoxicants,  contract  clause,  274. 
Invention,  contract  for,  157. 
Inventions,  ownership,  131. 
Investigation,   example   of,   322. 

necessity  in  litigation,  132. 
Investment, 

doubtful  securities,  37. 

opportunities,  37. 

principles  of,  36. 

risk  in,  37. 

Jealousy,  29. 

of  subordinates,  54. 
Joint  contract,  147. 
Judgment  an  deducation,  9. 
Judgment,  bias  in,  32. 

development  of,  20. 

Engineer's,  9. 

in  success,  20. 

letting  work,  219. 
Justice  courts,  116. 
Justice,  foundation  of  contract,  199. 
Justinian  Code,  114. 

Knowledge,  law,  152. 
Knowledge,  limits  of,  7. 
Knowledge, 

practical,  43. 

requirements  for,  44. 

self,  21,  44,  48,  56. 

special,  7. 

subject,  84. 
Knowledge  of  men, 

importance,  9. 

value  in  reports,  10. 
Labor,  construction,  171. 


548 


Index 


Land,  laws  relating  to,  118. 
Language   (see  "English"). 
Language   (see  also  "Letters"). 
Language   (see  "reports"). 
Language, 

brevity,  281. 
choice  of  words,  90. 
clearness,  279,  280. 
clearness  in  reports,  109. 
definite,  279. 
engineering  English,  82. 
indefinite  words,  279. 
importance  of,  9. 
knowledge  of  subject,  84. 
letters  and  reports,  99. 
literature,   97. 
logical  arrangement,  86. 
precise  use  of  words,  92. 
punctuation,  94. 
repetition  of  words,  279. 
scientific  statements,  110. 
simplicity,  89. 

spoken  and  written  compared,  89. 
style,  88. 

synonoymous  words,  229. 
technical  writing,  87. 
use  of,  81,  278. 
vernacular,  96. 
vocabulary,  95. 
words,  choice  of,  90. 
Latin  words,  92. 
Law,  American,  origin  of,  115. 
Law  and  Ethics,  13. 
Laws  between  men  defined,  120. 
Law,  changes  in,  116. 
Civil,  114,  122. 

basis  of,  114. 

origin,  etc.,  121. 
Criminal,  122. 
Common,  114. 

affecting  agreements,  230. 

courts  of,  116. 

development,  115. 

objects,  117. 

origin,   etc.,   121. 

of  England,  114. 

rights  and  wrongs,  117. 

subdivisions,   117. 
Contracts,  118,  121. 


Law,  changes  in — Con. 
courts  of  equity,  118. 
customary  usage,  115. 
definition,  119. 
development,  113. 
discharge  of  contract,  164. 
divine,  113. 
Divine,  119. 

defined,  119. 

enforcement,   123. 
Ecclesiastical, 

defined,  120. 
effect  of  customs,  114. 
employment  in  general,  126. 
enforcement,  123. 

natural  law,  123. 
evolution,  112. 
fundamental,   118. 
human,  113. 
imperfections,  64. 
international,  114. 
International, 

defined,  120. 

enforcement,  124. 
justice  and  equity,  64. 
Justinian  Code,  114. 
knowledge  of,  11. 
land,  118. 
limitations  of,  63. 
literature,  124. 
moral,  113. 
moral, 

defined,  120. 

enforcement,  124. 
municipal,  114. 
municipal, 

definitions,  120,  121. 

enforcement,  124. 

rights  of  persons,  122. 

rights  of  things,  122. 

sources,  120. 

wrongs,  public  and  private,  122. 
natural,  112. 

defined,  120. 

enforcement,  123. 
observance  of,  260. 
original  object,  63. 
origin,   nature    and   development, 

112. 


Index 


549 


Law,  changes  in — Con. 

outline  of  119. 

personal  property,  118. 

political,  121. 

positive, 

classification,  123. 
defined,  63,  120. 

remedial,  117. 
defined,  120. 
enforcement,  124. 

Roman,  114. 

special, 

development,  118. 

substantive,  117. 
defined,  120. 

unwritten,  114. 
sources,  121. 

written,  114,  118,  120. 
Lawyers, 

knowledge  of,  12. 

law  of  contracts,  12. 

legal  assistance,  12. 
Legal, 

requirements  of  contract,  149. 

engineer  in  case,  133. 

engineer  in  proceedings,  132. 

contract  subject  matter,  156. 

construction  complications,  172. 
Legal  document, 

contracts,  145. 
Legal  guardianship, 

competency  to  contract,  151. 
Legal  and  ethical  relations,  13. 
Legal  relations,  11. 

literature,  143. 
Legal, 

requirements  public  contract,  186. 
Legal  rights,  117. 

Legal  rights  and  responsibilities,  126. 
Legislation, 

development  of  law,  115. 

engineer  in,  5. 
Letters  and  reports,  99. 
Letters, 

application,  45,  100. 

business,  99. 

contract  by  acceptance,  224. 

examples,  103. 

literature,  111. 


Letters — Con. 

properly  written,  99. 

recommendation,  45. 

suggestions  for  writing,  101. 
Letting  contracts,  204,  219. 
Liability, 

arbiter,  130. 

professional,  128. 

public  official,  131. 
Life  insurance, 

in  saving,  35. 

value  of,  36. 
Limitations,  personal,  9. 
Limitation,  Statute  of, 

discharge  of  contract,  165. 
Limitations  of  specifications,  305. 
Lines  and  grades,  247. 
Liquidated  damages, 

clauses,  269. 

agreement,  233. 
Literature, 

bibliography  of  materials,  328. 

bibliography      of      specifications, 
485. 

construction  contracts,  182. 

contract  provisions,  275. 

elements  of  contracts,  166. 

engineer  at  work,  61. 

engineering  education,  14. 

law,  124. 

legal  relations,  143. 

letters  and  reports,  111. 

letting  contract,  220. 

specifications,  292. 

success,  41. 

technical   specifications,   304. 

use  of  English,  97. 

works  under  contract,  202. 
Litigation, 

consultation  in,  132. 

encouraging,  157. 
Local  conditions, 

effect  on  construction,  169. 
Logic, 

in  reports,  110. 
Lord  Campbell,  138. 
Losses  and  damages, 

contract  clause,  271. 
Losses,  responsibility,  271. 


550 


Index 


Low  bids,  securing,  189. 
Loyalty,  engineer,  55. 
Lynn,  Massachusetts, 

progress  clause,  268. 

Machinery     specifications, 

(see   Specifications,  Machinery.) 
Machine,  special,  360. 
Man, 

attributes  of,  197. 

importance  of,  47. 

primitive,  laws  of,  113. 

specifications  for,  66. 
Management,  economic,  39. 
Mann,  C.  R., 

report  by,  18,  19. 
Manufacturers'       specifications,     299, 

300. 

Materials,  assignments  for  specifica- 
tions, 325. 

bibliography,  328. 
Material,  construction,  171. 
Material,  disposal  of,  351. 

effect  on  specifications  on,  301. 

failure,  310,  316. 

investigation,  318. 

properties  of,  313. 

specifications     for     fundamental, 
305. 

standards,  317. 

successful  use,  317. 

variation  in,  308. 
McCullough,  Ernest,  248. 
Measurement, 

excavation,  344. 

progress,  266. 

quantities,  247. 
Meek,  Judge  E.  R.,  235. 
Men,  understanding  of,  21. 
Miami  Conservancy  District, 

abandonment  of  contract,  263. 

form  of  bond,  257. 
Minor,  competency  to  contract,  149. 

defined,  149. 
Misrepresentation,  153. 
Modifications,  specifications  for,  300. 
Monopolies, 

contract  to  establish,  158. 
Moral  law,  113. 

defined,  120. 


Moral  relations,  12. 
Morey,  Richard,  189. 
Morgan,  A.  E., 

bond  form,  257. 

Morgan  Engineering  Company,  102. 
Municipal  law,  114. 

defined,  120,  121. 

sources,  120. 
Mutuality,  importance,  234. 

mutual  consent,  152. 

necessity  for,  149,  152. 

valid  contract,  243. 

Name,  specification  by,  308. 
Natural  law,  112. 

defined,  120. 
Necessaries  for  minor,  149. 

Negligence, 

protection  against,  261. 
Negotiations     for     construction     con- 
tracts, 187. 

Observance  of  ethics,  197. 
Observance   of   laws   and   ordinances, 

260. 
Offer,  acceptance  identical,  153. 

revokation,,  154. 
Omission  in  plans,  241. 
Opening  bids,  207,  218. 
Opportunities, 

advancement,  40,  52. 

business,  52. 

education,  44. 

employment,  51. 

experience,  50. 

field  work,  52. 

foreign  service,  53. 

improving,  48. 

instructional  work,  53. 

office  work,  52. 

recognizing,  49. 
Oral  contract,  148. 
Origin  of  civilization,  112. 
Outline, 

advertisement,  206. 

general    conditions    of    contract, 
236. 

specifications,  295,  319. 

technical  writing,  86,  87. 

value  for  report,  107. 


Index 


551 


Overhaul,  351. 
Overhead  expense, 

extra  work,  254. 
Owner, 

rights  and  responsibilities,  238. 
Ownership, 

plans  and  inventions,  131. 

Paper,  technical, 

preparation,  82. 
Parol  contract,  148. 
Parties, 

competency  to  contract,  149. 

interested  in  contract,  259. 
Patent  inventions, 

contract  clause,  262. 
Patents, 

protection  against  royalties,  262. 
Pavement,  replacing,  349. 
Pavement  subgrade,  347. 
Payments,  agreement,  233. 

delayed,  252. 

Payments  and  estimates,  252. 
Payment,  retained,  256. 
Penalties,  159. 

literature,  277. 
Pennsylvania  Railroad, 

Altoona  Laboratories,  302. 
Performance,    discharge   of   contract, 
160. 

impossibility  of,  160. 

substantial,  162. 

tender  of,  160. 

Personal  and  ethical  relations,  63. 
Personal  analysis,  22. 

appearance,  27. 

betterment,  48. 

interest,  14. 

relations,  12. 

property, 

laws  relating  to,  118. 

skill, 

contract  for,  231. 

success,  16. 
Personality, 

in  success,  26. 

value  of,  99. 
Persons,  rights  of,  117. 
Pipe  laying,  specification  outline,  411. 


Plans,  accessible  on  work,  270. 

complete,  effect  of,  169. 

ownership,  131. 

specifications     for     modifications 
of,  300. 

specification  preparation,  401. 
Political,  court  decisions,  139. 
Political  law,  121. 
Politics,  construction  under,  172. 
Potter,  A.  A., 

personal  analysis,  22. 
Position    (see    also    "Employment"). 

acceptance,  48. 

application,  45. 

change,  49,  50. 

classes  of  employment,  51. 
Positions,  engineering,  2,  44. 
Position,  first  job,  47. 

foreign  service,  53. 

government  service,  53. 

interest  in,  47. 

influence  in  securing,  46. 

in  organization,  53. 

loss  of,  51. 

permanence  of,  51,  52. 

references  for,  46. 

resigning,  48,  53. 

retention  of,  51. 

selection,  49. 
Positive  law, 

defined,  120. 
Power  station, 

outline  specifications,  407. 
Practice,  private,  53. 
Precedent,  effect  on  law,  116. 

for  specifications,  297. 

limitations  of,  118. 
Prejudice,  factor  in  judgment,  219. 
Premium,  contract,  181. 
Prelini,   classifications   of  excavation, 

336. 
Price  and  payment,  252. 

Price  for  work,  255. 
Primitive  law,  113. 
Principles, 

fundamental,  importance  of,  9. 

individual,  65. 
Principles  of  investments,  36. 


552 


Index 


Private  practice,  53. 

ability  for,  56. 

conduct,  58. 
Private  work,  184. 
Private  work  contract. 

(see   "Contract,   private   work"). 
Private  wrongs,  117. 
Processes,  fundamental, 

specifications  for,  305,  320. 
Product,   development  of,  305. 

standardized,  306. 
Profession, 

defined,  14. 

duty  toward,  56. 
Professional,  employment,   127. 
Professional,  practice. 

conduct  in,  58. 
Professional, 

agent,  130. 

authority,  130. 

consultation,  132. 

duty  of  engineer,  143. 

employment,  128. 

expert   service,   132. 

expert  witness,  136. 

improvement,  39. 

liability,  129. 

ownership  of  plans,  131. 
Progress, 

Chicago  Sanitary  District,  267. 

contract  clause,  265. 

Lynn,  Massachusetts,  268. 

New  York  Aqueduct  Commission, 
268. 

rate,  265. 

specifications  for  rate,  266. 
Promise,  void,  156. 
Promotion, 

factors  in,  29. 

fitness  for,  50. 

importance  of  writing,  106. 

opportunities,  44,  52. 

subordinates,  55. 

Properties  of  faterials,  313. 

Proposal, 

clauses  to  include,  209. 
examples,  209. 
form  of,  208. 


Protection, 

claims,  262. 

negligence  and  damages,  261. 

royalties,  262. 

work,  271. 

work,  contract  clause,  271. 
Public  official, 

liability  of,  131. 
Public  Service  Corporations, 

opportunities,  52. 
Public   utilities, 

appraisal,  141. 
Public  work,  184. 
Public  work  contract    (See   Contract, 

Public  Work). 
Public  wrongs,  117. 
Publishing  advertisement,  205. 
Published    specifications,    297. 
Pumping  and  draining,  349. 
Pumping   engine,     outline      specifica- 
tions, 376. 

Pumps,   general  requirements,  364. 
Pump,    power,    outline    specifications, 

372. 
Pump,    steam,    outline    specifications, 

374. 

Punctuality,   success,  27. 
Punctuation,  94. 

Qualities,  desirable  to  specify,  301. 
Qualities,  effect  on  specifications,  301. 
Quantities  and  measurement,  247. 
Quantities, 

measurement  excavation,  344. 
Quasi  contract,  146. 
Questions  in  ethics,  74. 
Railroad   grading,   347. 
Receiving  bids,  218. 
Reclamation  Service, 

character  of  workmen,  271. 
Recommendation,  letters,  45. 
References, 

in  letters,  101. 

position,  46. 
Relaxation,  value  of,  29. 
Relations, 

ethical  and  personal,  12. 

legal,  11. 

legal  and  ethical,  13. 

personal,  importance  of,  9. 


Index 


553 


Release, 

discharge   of  contract,   163. 
Remedial  law, 

defined,  120. 
Remedies, 

breach  of  contract,  165. 
Repetition  of  words,  279. 
Reports, 

accuracy  of  conclusions,   108. 

basis  of  106. 

basis  of  value,   109. 

classes  of,  82. 

client's  interest,  107. 

criticism  in,  107. 

data  included,  110. 

defined,  106. 

elements  of  successful,  109. 

engineering,  5. 

English,  importance  of,  10. 

estimates,   108. 

ethical  consideration,  107. 

field  of,  11. 

importance  of,  105. 

instructions  for,  106. 

investigations,  108. 

knowledge   for   preparation,    109. 

literature,  111. 

'preliminary,  108. 

preliminary  consideration,  107. 

preventing  fraud,  108. 

purpose  of,  106. 

review  by  engineer,  6. 

scope  of,  106. 

technical  and  legal  aspects,  109. 

technical  interest  in,  107. 

Reputation, 

and  success,  16. 

contractor,  175. 

establishment,   49. 

private  practice,  54. 

position,  46. 

value  of  13,  66. 
Reservoir, 

contract   and   specifications,    416. 
Responsibility, 

contractor,  259,  302. 

effect  of  specifications,  302. 

engineer,  force  account,  175. 


Responsibility — Con. 

losses  and  damage,  271. 

owner,  238. 
-Responsibilities, 

tests  and  guarantees,  302. 
Revokation  of  offer,  153. 
Rights,   contractor,    196. 
Right,  equitable,  162. 
Rights,  legal,  117,  162. 
Rights,  owner,  238. 
Rights,  persons,  117,  122. 
Rights,  things,  117,  122. 
Risk, 

effect  on  low  bids,  189. 

investment,  37. 
Risk,  public  work,  186. 
Rockwork, 

specifications,  330. 
Roman  law,  114. 
Rome,  courts  of,  136. 
Roof  truss,  specifications  outline,  409. 
Royalties,  protection  against,  262. 

Salary, 

and  experience,  50. 

consideration,    49. 
Salesman,  engineer  as,  4. 
Salutation  in  letters,  120. 
Sanitation, 

contract  clause,  274. 
Sanitary  district,  Chicago. 

progress  clause,  267. 
Savings, 

accumulation  of,  35. 

advantages,  35. 
Saxon  words,  93,  92. 
Securities, 

investment,  37 

value  of,  37. 

with  bid,  185,  216. 

with  contract,  217. 
Selection, 

economics,  39. 

Selections  of  machinery,  359. 
Self  knowledge, 

in  success,  21. 
Self  respect, 

and  success,  16. 
Several   contract,   147. 
Severe  specifications,  289. 


554 


Index 


Sewers, 

investigation   for,   392. 

specification   outline,   413. 
Signature, 

to  agreement,  234. 
Simple  specifications,  299. 
Sheeting  trench,  348. 
Shnable,  E.  R., 

progress    specification,    268. 
Shrinkage, 

excavation,  344. 
Social  amenities, 

value  of,  26,  46. 
Social  conditions, 

and  ethical  standard,  64. 
Social   service, 

engineer  in,  57. 
Societies,  technical, 

work  of,  in  specifications,  319. 
Specialist,  8. 

contractor  as,  197. 
Specialization  of  education,   7. 
Specialty, 

bias  of,  35. 

Specialty  contract,  148. 
Specialty, 

danger  in   report,   107. 
Specialty, 

laws  affecting,  12. 
Specifications, 

aluminum  wire,  325. 

ambiguous,  285. 

analysis  for,  296. 

arbitrary,  286. 

"as  engineer  shall  direct",  284. 

basis  of  correct,  313. 

bibliography  of,  485. 

boiler,  380. 

outline,  369. 

brevity,  281. 

bridge  substructure,  outline,  408. 

building,  outline,  402. 

clearness  in,  83,  84,,  279,  280. 

competition  in  bidding,  299,  313, 
318. 

copying,  298. 

definite,  302,  308. 

designs,  10. 

detailed,  300. 


Specifications — Con. 

development  of,  305. 

drawings  for,  299. 

drawings,  445. 

Dudley's   conclusions,   320. 

effect    on     cost,     285     (see     also 

"Cost") . 

effect  on  responsibility,  302. 
examples  for  criticism,  290. 
engineering  work,  388. 

assignments,  400. 

basis   of   design,   393. 

designs,  393. 

difficulties  in,  390. 

estimates,   396. 

general  requirements,  399. 

investigation,  388. 

outline,   400. 

published  plans  for,  401. 

sample,  416. 

sewers,  392. 

unsatisfactory  practice,  389. 

wells,  391. 

excavation    (see   excavation) 
field  of,  11. 
for  a  man,  66. 
function,   280. 
fundamental  elements,  305. 
general,  for  workmanship,  303. 
generalities,   307. 
guarantees,  316. 
importance,  278. 
importance  of  English,  10. 
Specifications,   improper. 

assignment,  288. 

blasting,  287. 

bronze,  310. 

concrete,  279,  282,  286. 

extra  work,  253,  283. 

inspection,   289. 

levee,  281. 

masonry,  285. 

pavement,  299. 

paving  brick,  290. 

pipe  laying,  286. 

road,  282. 

trench,  288. 

vanadium   steel,  308. 
indefinite,  282. 


Index 


555 


Specifications — Con. 

^VAO  ^emanate,  284. 
influence  on  qualities,  301. 
inspection  covered  work,  289. 
investigation  for,  322. 
keeping  accessible,  270. 
knowledge  required,  294. 
limitations  of,  305. 
limitations  of  qualities,  318. 
literature,  292. 
laying  pipe,  outline,  411. 
machinery,  357. 

assignments,  367. 

boiler,  380. 

design  specifications,  360. 

details,  limiting,  359. 

detailed   specifications,   359. 

divisions  of,  357. 

general,  358,  377. 

general,  boilers,  361. 

general    requirements,    361. 

outline,  367. 

preparation,  361. 

selection,  359. 

steam  engine,  382. 

man,  66. 

manufacturer's,  299,  300. 
materials, 

assignments,  325. 

investigation,  318. 

meaningless,   282. 
measurement  methods,  248. 
modification  of  plans,  300. 
name  of  product,  318. 
name  as,  308. 
necessity  of,  11. 
originality  in,  297. 
outline,  295,  319. 
outline, 

aluminum,  324. 

bridge  substructure,  408. 

building,  402. 

laving  pipe,  411. 

power  pump,  372. 

power    station,    407. 

pumping  engine,  376. 

sewer,  413. 

stand  tower,  410. 

steam  boiler,  369. 


Specifications,   outline— Con. 

steam  engine,  370. 

steam   pump,  374. 

structural  iron  work,  409. 

subjects  for,  367. 
power  station,  outline,  407. 
precise,  language,  93. 
preparation,  278. 
processes  330    (see  alsa  "excava- 
tion") . 

assignments  on  352. 

earth  work  and  rockwork,  £30. 

excavation,  general  discription, 
332. 

excavation,  outline,  331. 
proper,  170. 
published,  use  of  293. 
pumping  engine,  outline,  376. 
qualities  desirable,   301. 
requirements  by,  319. 
requirements,  reasonable,  286. 
reservoir,  416. 
results,  control  of,  314. 
sample,  416. 
scope  of,  294. 
severe,  289. 
sewer,  outline,  413. 
simple,  299. 
standard,  303. 
standard  comparisons,  317. 
standards,  use  of,  301. 
stand  tower,  outline,   410. 
steam  engine,  outline,  370. 
steam  pump,  outline,  374. 
structural  iron  work,  outline,  409. 
subaqueous  work,  288. 
successful  use,  317. 
technical,  294. 
literature,  304. 
testing,  314. 

tests  and  guarantees,  302. 
"to  satisfaction  of  Engineer",  307. 
underground  work,  288. 
unfair,  207,  287,  389,  395. 
unsatisfactory,  309. 
useless  clauses,  299. 
use  of  English,  278. 
Spencer,  Herbert,  29. 
Standard  materials  and  supplies,  317. 


556 


Index 


Standard  product,  306. 
Standard  specifications,  303. 
Standards,  specifications  for,  301. 
Stand  tower,  specification  outline,  410. 
Steel  Manufacturers  Association, 

standard  specifications,  3C4. 
Style,  technical  writing,  88. 
Stocks,  investment,  36. 
Structural   iron     work,     specification 

outline,  409. 

Subject,  heading  in  letters,  120. 
Subletting,  contract,  262. 
Subordinates,  duty  toward,  54. 
Substantive  law,  defined,  120. 
Success, 

and  personality,  26. 

attention  to  business,  27. 

basis  of,  65. 

bias,  association,  33. 

bias,  experience,  31. 

bias,  interest,  32. 

bias,  personal,  30. 

bias,   special   knowledge,   30. 

colloboration,  29. 

concentration,  28. 

economics  in,  39. 

engineering,   16. 

engineer  in  his  field,   169. 

engineering  project,  109. 

factors  of,  18. 

financial,  34. 

fundamentals  of,  9. 

ideals  of,   51. 

judgment  in,  20. 

literature,  41. 

opinions  of  profession,.  18. 

personal  appearance,  27. 

personal  bias,  30. 

price  of,  2. 

private   practice,   54. 

punctuality,   27. 

qualifications  for,  18. 

requirements  for,  16,  48. 

social  amenities,  26. 

understanding  of  men,  21. 
Sufficiency  of  consideration,  156. 
Supervision,   construction   work,    171. 

direction   of  engineer,   245. 

responsibility  in,  239. 


Sureties,  contract  clause,  256. 
Synonymous  words,  279. 

Technical   education,   6. 

Technical   graduates,   value   of,   44. 

Technical  language, 

hearer,  82. 

simplicity,  83. 

Technical  Reports  (see  "Reports"). 
Technical  witness  (See  Witness,  Tech- 
nical). 

Technical  writing  (see  also  "Letters," 
"Reports"). 

choice  of  words,  90. 

knowledge  of  subject,  84. 

literature,  97,  111. 

logical  arrangement,  86. 

object  of,  86. 

outline,  87. 

precise  use  of  words,  92. 

punctuation,  94. 

style,  88. 

value  of,  83. 

vernacular,  96. 

vocabulary,  95. 
Testing, 

Altoona  Laboratory,  316. 

properties,      determination,     314, 

315. 

Tests  and  guarantees,  302. 
Time, 

advertisement  of  contract,  207. 

contract  completion,  232,  265. 
Transportation,     construction     work, 

170. 

Trench  protection,  348. 
Trench  Pumping,  349. 
Tunnel,  349,  350. 

excavation  specifications,  395. 

Uncertainties  in  cost,  168. 
Uncertainties,  contract  work,  167. 
Uncertainties,  construction, 

casualties,  170. 

combinations,  171. 

contingencies,  170. 

engineer,   168. 

equipment,  170. 

graft,  172. 

labor,  171. 


Index 


557 


Uncertainties — Con. 

legal  complications,  172. 

local  conditions,  169. 

material,   171. 

plans,  169. 

politics,  172. 

specifications,  170. 

supervision,  171. 

transportation,  170. 
Understanding  of  men,  21. 
Underwriters,  standard  specifications, 

304. 

Unenforcable  contract,  148. 
Undue  influence,  154. 
Unfair   specifications,    (See   specifica- 
tions, improper). 
Unjust  contracts,  196. 
Unilateral  contract,  146. 
United  States  Circuit  court,  117. 
United  States  Supreme  court,  117. 

Valid  contract,  148. 
Valuable  consideration  (See  consider- 
ation). 

Valuation,  39. 
Van  Alystyne,  Thos.  J.,  66. 
Variation  in  materials,  308. 
Vernacular,  use  of,  96. 
Vocabulary,  95. 
Voidable  contract,  150. 
Void  contract,  148. 

Wait,  John  C.,  96,  162. 
Waste  in  bidding,  177. 
Wells, 

excavation,  classification,  338. 

investigation   for,   391. 
Western    Society   of   Engineers, 

arbitration,  201. 


Will  power  and  success,  17. 
Witness,  expert,  135. 
Witness,  technical,  135. 

duty  of,  142. 

examination  of,  135. 

literature,  143. 

qualifications,  137. 

selection,  134,  135,  139. 

value  of  evidence,  138. 
Words,  (See  Language). 

choice  of,  90. 

indiscriminate  use,  93. 

Latin  origin,  92. 

precise  use,  92. 

Saxon  origin,  92. 

variation  in  meaning,  90. 

vocabulary,  95. 
Work,  conduct  of, 

contract  clause,  270. 
Work,   engineer's,   3. 
Work, 

measurement  of,  266. 

protection  of,  271. 
Workmanship, 

general  specifications,  303. 
Workmen, 

character  of,  271. 
Worth, 

economic,  39. 
Writing, 

(See   "Technical    Writing"). 

(See  Language). 

professional  improvement,  40. 

technical  papers,  40. 
Written  contract,  148. 
Written  law,  120. 
Wrongs,  private,  117,  122. 
Wrongs,  public,  117,  122. 


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